HomeMy WebLinkAbout2004/05/17 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
May 17, 2004
7:30 p.m.
7:15 p.m. – Economic Development Authority
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations
a. Appreciation Certificate for P.J. Andersen for service to the Bassett Creek
Watershed Management Commission
b. Parktacular Ambassador Proclamations
c. National Public Works Week Proclamation
3. Approval of Minutes
a. City Council Study Session Minutes of April 26, 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
5a. Minnehaha Creek Watershed District Partnership and Housing Authority
Appointments
Recommend
ed Action:
Motion to appoint Mary Karius and Helen Pitt to the Minnehaha
Creek Watershed District Citizen’s Task Force, and to appoint
Andria Daniel to the Housing Authority for a term expiring June
30, 2007
6. Public Hearings
6a. Sam’s Club (Wal Mart) is requesting approval of preliminary and final plat, a
conditional use permit and street and utility easement vacation to permit
development of an expansion to the Sam’s Club building, an expanded
parking lot, and construction of a members only fuel facility. Document
3745 Louisiana Ave & 7115 Lake St
Case Nos. 04-11-S, 04-08-CUP & 04-18-VAC
Recommended
Action:
• Mayor to close the public hearing. Motion to approve First
Reading of the proposed ordinance vacating a portion of the
street and utility easement as described in the staff report.
• Motion to adopt resolutions approving the preliminary and
final plat and conditional use permit subject to conditions as
recommended by staff.
6b. Public Hearing to Consider Reallocation of 2002 Community Development
Block Grant Funds Document
Resolution approving a proposed reallocation of $226,133 of 2002 Urban
Hennepin County CDBG Funds and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving reallocation of $226,133 of 2002 Urban
Hennepin County Community Development Block Grant funds,
and authorizing execution of Subrecipient Agreement with
Hennepin County and any related Third Party Agreements
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Resolution approving changes to the Personnel Manual in sections relating to
Fire Shift Supervisors: Fire Captain Document
Recommended
Action:
Motion to adopt resolution approving sections relating to fire
shift supervisors: fire captain in the Personnel Manual
8b. The Hockey Association and Benilde-St. Margaret’s additional rental charges.
Document
These contracts specify the Hockey Association and Benilde-St. Margaret’s will pay
an additional charge for ice rental charges to assist in the funding of the East Arena at
The Rec Center.
Recommended
Action:
Motion to approve contracts with the Hockey Association and
Benilde-St. Margaret’s for additional ice rental charges to assist
in funding the East Arena at The Rec Center.
8c. First Reading of the Proposed Ordinance Code for Adding Fees for Solid Waste Services
Over 180 Gallons. Document
Recommended
Action:
Motion to approve First Reading of proposed Fee Ordinance Code
modification adding additional garbage service levels over 180 gallons
and set the second reading for June 7, 2004.
8d. Request of TOLD Development Company for an amendment to the
Comprehensive Plan to change the text and concept plan for Park Commons
East (Excelsior and Grand) in the Redevelopment Chapter (Phase E, Park
Commons East). Document
Recommended
Action:
Motion to approve resolution amending the Comprehensive Plan,
Chapter P—Redevelopment text describing the Park Commons
(Excelsior & Grande) concept plan to allow the following
subject to approval of the Metropolitan Council:
• Allow Phase E to include approximately 13,000 square
feet of ground floor retail and 88 condominiums
(previously allowed 45,000 sq. ft. of office with at least
50% ground floor retail and 17 townhomes.)
• Allow a building height of up to 5 stories on Phase E
(previously allowed up to 4 stories) without the 5th story
set back.
• Allow access to Phase E from Park Commons Drive and
a surface parking lot along a portion of Park Commons
Drive and Monterey Drive, and
Approve summary resolution and authorize publication.
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 May 17, 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 designate Standard Sidewalk, Inc. the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $110,550.25 for the 2004 Sidewalk
Improvement Project – City Project No. 04-02 Document
4b Motion to approve payment to the School District for an operations grant of $35,000 for
2004 from Cable TV franchise fees. Document
4c Motion to adopt an Ordinance Restricting the Feeding of Canadian Geese, Amending St.
Louis Park Ordinance Code Chapter 4, Section 44, approve the summary and authorize
summary publication. ~Document
4d Bid Tabulation: Motion to designate Midwest Asphalt Corporation the lowest
responsible bidder and authorize execution of a contract with the firm in the amount of
$624,765.21 for Louisiana Avenue Traffic Improvements– City Project No. 00-17
Document
4e Motion to designate Hunerberg Construction as the lowest responsible bidder and to
authorize execution of a contract for construction of an enclosed park building and open
picnic shelter at Oak Hill Park in an amount not to exceed $431,249.00. Document
4f Motion to approve second reading and adopt an ordinance amending St. Louis Park
Ordinance Code (Zoning) relating to allow non-commercial messages on private signs
and to reduce the required front yard for signs in the I-P Industrial Park Zoning District;
approve summary ordinance and authorize publication.
Case Nos. 04-06-ZA Document
4g Motion to authorize the Mayor and City Manager to execute an Encroachment
Agreement with the Hoffmans, 2757 Brunswick Avenue South, for use of City right-of-
way for placement of a fence Document
4h Motion to accept for filing Fire Civil Service Commission Minutes of March 8, 2004
Document
4i Motion to accept for filing Telecommunication Commission Minutes of February 12,
2004 Document
4j Motion to accept Vendor Claims for filing (Supplement)
4k Motion to accept for filing Housing Authority Minutes of April 14, 2004 Document
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
May 17, 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
051704 - 3a - Study Session Minutes of April 26
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
April 26, 2004
The meeting convened at 7:10 p.m.
Councilmembers present were John Basill, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick,
Phil Finkelstein, and Mayor Jacobs.
Staff present: City Manager (Mr. Harmening), Director of Public Works (Mr. Rardin); Public
Works Coordinator (Mr. Merkley); Housing Coordinator (Ms. Larsen); Chief Health Official
(Mr. Camilon); Housing Supervisor (Ms. Schnitker); Police Officer (Officer Shoemaker);
Economic Development Coordinator (Mr. Hunt); and City Clerk (Ms. Reichert).
1. Pilot Rehab Program update
Representative Jim Rhodes was present at the meeting.
Staff provided Council with an evaluation of the Single Family Pilot Rehab Program
implemented in 2002-2003. Representative Jim Rhodes, Minnesota Housing Finance Agency
(MHFA) staff and representatives from the Center for Energy & Environment (CEE) were also
in attendance.
Staff had prepared notebooks with photographs of homes which had benefited from the program
and a power-point presentation further illustrating the program’s success.
Councilmember Sanger asked if the program was being expanded to include commercial
properties in the city.
Mr. Camilon responded that it would and that a commercial program should be in place within
the next year.
Councilmember Sanger also asked if other cities had taken advantage of special legislation
which helped to fund the program. Staff responded that only a few cities had, but that SLP had
taken the program much further than other cities.
Representative Rhodes said that he would be working on future legislative funding for this kind
of program to be made available to all cities in Minnesota.
Councilmember Sanger asked if any rental properties had taken part in the program and if the
landlords were typically cooperative. Ms. Larsen responded that there were several rental
properties and that it did not seem to make a difference whether homes were owner-occupied or
were rental properties in terms of cooperation from the owners.
Councilmember Santa asked if staff was tracking program participants that may have mental
health issues to monitor future property issues.
St. Louis Park City Council Meeting
051704 - 3a - Study Session Minutes of April 26
Page 2
Mr. Camilon responded that staff was monitoring program participants to ensure that property
maintenance improvements would not be allowed to relapse.
Mayor Jacobs and Council praised staff for their efforts in providing a very successful program
and thanked them for their hard work
2. I-394 High Occupancy Vehicle Lane Report
Representative of MN Dot and the HOV Land Task Force were in attendance to provide an
overview of the I-394 HOC study currently underway.
St. Louis Park’s citizen representative, Steve Fillbrandt, was also in attendance at the meeting.
Council viewed a powerpoint presentation which included information about how the study was
conducted and recommendations for future use of the HOV lanes.
Council asked numerous questions about how the lanes would work, requested information about
technical aspects of the system, enforcement, user expectations, experience in other parts of the
country with the system, and cost of using the lanes.
St. Louis Police Officer Dave Shoemaker reported that he had attended meetings regarding
enforcement and that SLP would not likely be called upon to assist with routine enforcement of
the proposed HOV toll system.
3. Stonebridge Development’s Revised Tax Increment Financing Application
Representatives of the developer; Ron Mehl, Stonebridge Developers; Jim Deanovic, Peter
Andrea Company; Gary Tushie, Tushie Montgomery Architects were present at the meeting.
Mark Ruff and Stacy Kvilvang of Ehlers and Associates were also present.
Councilmember Santa stated that she was in favor of the development and also believed that the
participants in the NORC (Naturally Occurring Retirement Communities) program were also in
support. She suggested more process with the neighborhood be done before approval.
Councilmember Sanger did not believe the proposal met the city’s “but for” test and could easily
be built without TIF assistance. She did not believe a “limited equity” investment was a good
deal for buyers and could not support the city endorsing this kind of investment property by
providing assistance to the developer. She stated that the city already has enough affordable
housing and enough senior housing.
Councilmember Omodt requested to see a justification of how this project meets the “but for”
test. He did not understand why the project qualified for TIF assistance.
Councilmember Finklestein was in favor of the project and understood full well how the limited
equity option works. He felt this was a good option for senior whose major asset is their home.
He did not believe high-priced condos would work in this neighborhood and that this would
provide another tool for seniors to stay in their home community at a reasonable cost.
St. Louis Park City Council Meeting
051704 - 3a - Study Session Minutes of April 26
Page 3
Councilmember Santa was also in support stating that seniors who had paid off their original
mortgage did not find the prospect of yet another mortgage appealing. Oftentimes, they are not
interested in a long-term investment and this financing option works for those persons.
Councilmember Velick was also in support and felt the camaraderie this kind of housing option
offered to seniors was beneficial to the community.
Mr. Ruff provided his assessment of the viability of this project and the financing option being
requested by the developer. The site proposed is not an ideal site for condos and the project does
meet the but for test. The nine year period of payoff made the project much more realistic than a
20 year payoff program.
Councilmember Santa pointed out that the building currently located on the site has been vacant
for a year and is falling into disrepair.
Mr. Ruff offered to prepare a written report for council review on how this project meets the “but
for” test.
Councilmember Basill believed this was a good opportunity to do a sort of pilot program. He
was willing to support the project to see if it works in this community.
Mayor Jacobs also stated his support for the project. Though the option of a limited equity
mortgage may not work for all, it may work very well for some and he was willing to provide the
option to seniors in our community.
Mr. Harmening informed council that the next steps in the process would include neighborhood
meetings, public hearing for the TIF application, negotiate the development agreement and begin
the process of reguiding the property.
Mr. Hunt offered to work on a proposed schedule and an explanation of how the project meets
the “but for” test.
4. 90+ Solid Waste Service
Mr. Rardin and Mr. Merkley presented a proposed structure for billing customers using multiple
containers over 90 gallons at an increased rate.
Councilmembers were in support of the proposal and asked that it be brought forward with
modifications to the rates above 180 gallons. Implementation should begin with the next billing
cycle.
5. Communications
Mr. Harmening asked council to consider which councilmember should be appointed to the
Travel Demand Management Task Force with Golden Valley. Councilmember Velick would
like to be appointed to that position and asked that a resolution be prepared for the next regular
meeting.
St. Louis Park City Council Meeting
051704 - 3a - Study Session Minutes of April 26
Page 4
Councilmember Basill expressed concern over the high percentage of single family homes being
used as rental property.
Mr. Harmening also informed council of a situation with the utility companies and permit fees
stating that more information would be provided to them in the future.
6. Adjournment
The meeting was adjourned at 10:12 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Meeting
051704 - 4a - Award 2004 Sidewalk Contract
Page 1
4a. Motion to designate Standard Sidewalk, Inc. the lowest responsible bidder
and authorize execution of a contract with the firm in the amount of
$110,550.25 for the 2004 Sidewalk Improvement Project – City Project No.
04-02
Background: This project was initiated in order to construct new sidewalk segments
recommended in the Sidewalk, Trail, Bikeway and Crossings Plan. Five (5) segments of
sidewalk were identified for installation within this year’s project. At the meeting to
approve the plans and specifications for this project and authorize advertising for bids,
the City Council removed the W. 41st Street sidewalk from the project.
The following four sidewalk segments will be built under this contract:
Street From To Side Walk Width Blvd. Width
Aquila Ave. 33rd Street 34th Street West 6’ 4.5’
Wooddale Ave. TH 100 ramp Webster Ave. East 6’ 0’
Brookside Ave. W. 42nd Street Jackley Park East 6’ 0’ to 6’
Morningside Rd. Browndale Ave. Wooddale Ave. South 6’ 0’
Bid Analysis: Bids for these projects were received on May 11, 2004. An Advertisement
for Bids was published in the St. Louis Park Sun-Sailor on April 22 and 29, 2004 and in
the Construction Bulletin on April 23, and 30, 2004.
A summary of the bid results is as follows:
Contractor Bid Amount
Standard Sidewalk *$ 110,550.25
O’Malley Construction $ 119,682.78
Ron Kassa Construction $ 120,812.70
Thomas & Sons Construction $ 127,394.87
Ti-Zack Concrete $ 136,215.25
Engineer’s Estimate $129,171.00
* Denotes correction upon extension.
A total of five (5) contractors submitted bids. A review of the bids indicates Standard
Sidewalk submitted the lowest bid. This contractor has satisfactorily completed a similar
project for the City in the past. Staff has determined that Standard Sidewalk submitted
the lowest responsible bid and recommends that a contract be awarded to the firm in the
amount of $110,550.25.
Financial Considerations: The costs of this construction project will be paid using
General Obligation Bond proceeds for all segments. $294,877 was budgeted in the 2004
Capital Improvement Program for construction of these sidewalks. With the elimination
of the W. 41st Street sidewalk, staff estimated the construction costs to be $129,171.00.
St. Louis Park City Council Meeting
051704 - 4a - Award 2004 Sidewalk Contract
Page 2
Construction Timing: Staff will be meeting soon with the contractor to determine his
schedule for work. It is anticipated that construction would begin in early June and be
completed sometime in July of 2004. Adjacent residents will receive notice of the
construction schedule once a more firm starting date has been determined.
Prepared By: Maria A. Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 4b - Cable TV Grant to School District
Page 1
4b. Motion to approve payment to the School District for an operations grant of
$35,000 for 2004 from Cable TV franchise fees.
Background: City as Grantor
The School District has received funding from Cable TV franchise fees since 1982, and since
1996 the Telecommunications Advisory Commission has reviewed the District’s request and
recommended action to the City Council. The Commission has traditionally felt that franchise
fees should be used to produce programming and District video text display for Educational
Access Channel 14, which benefits all Cable TV viewers.
Starting in 1998, the Commission has recommended separate grants for operations and
equipment, basing the equipment grants on District proposals. These grants are just a part of the
budget for educational access; the School District also financially supports cable TV efforts. The
equipment grant was discontinued last year for budget reasons.
In 2001, at the request of the School District and Commission, the Council increased the
operations grant to $35,000, which covers most of the District Video Technician’s salary and
benefits.
At the May 6, 2004 meeting, the Telecommunications Advisory Commission unanimously
passed a motion to approve the District’s request for a $35,000 operations grant for 2004. No
equipment grant was requested.
There is no requirement in the franchise agreement to provide franchise fees to the School
District for their cable TV operations. Rather, sharing of fees represents an on-going
collaboration between the City and School District to support video production and enhance
programming for all cable subscribers.
Budget Information
Franchise fees collected from Time Warner Cable have grown because of annual price increases
and the rapid growth of digital cable services. The Federal Communications Commission
reclassified cable modem services as information services on March 14, 2002, so the City no
longer receives franchise fees from this service.
Time Warner Cable Customers
Date Total Customers Basic only Roadrunner Digital Cable
3/00 12,934 1,606 - -
3/01 13,024 1,843 1,467 2,066
3/02 12,997 1,607 2,650 3,351
3/03 12,981 1,833 3,592 3,292
3/04 13,207 1,849 4,318 3,602
St. Louis Park City Council Meeting
051704 - 4b - Cable TV Grant to School District
Page 2
School District Grant History from Cable Franchise Fees
Year Operations
Grant
Equipment
Grant
Total School
District Grant
Franchise
Fees
Franchise required
equipment grant/other
revenue notes
1993 25,000 25,000 169,605
1994 25,000 18,000 Est. 43,000 170,561 72,000
1995 25,000 25,000 184,860
1996 25,000 25,000 213,706
1997 25,000 25,000 233,781
1998 25,000 8,000 33,000 255,387
1999 25,000 36,167 61,167 279,970 86,000
2000 25,000 12,900 37,900 310,713 Includes $10,800* in
cable modem fees
2001 35,000 15,000 50,000 379,000 Includes $45,500 in
cable modem fees
2002 35,000 38,000 73,000 385,545 Includes $18,100** in
cable modem fees
2003 35,000 0 35,000 368,917
2004 Proposed
35,000
0 Proposed
35,000
Est.
390,000
$100,000, received
12/31/03
* Digital services introduced June, 2000.
**Cable modem fees discontinued as per FCC direction after first quarter of 2002.
***Total Cable Customers include customers with enhanced cable services beyond those other
services listed next to them.
Background: City as Grantee
The cable operator is required to provide grants “in support of public, educational and
government access” to the City every five years during the franchise, which expires in February
28, 2005. The last grant under this franchise was received December 31, 2003, $100,000, and
will not be spent without specific Council approval. Traditionally the City evaluates needs and
forwards a portion to the School District based on its needs.
Recommendation
Motion to approve payment to the School District of an operations grant of $35,000 for 2004.
Prepared by: Reg Dunlap and John McHugh, Cable TV Coordinators
Through: Clint Pires, Director of Technology and Support Services
Approved by: Tom Harmening, City Manager
Attached: Telecommunications Advisory Commission minutes excerpt: May
6, 2004
St. Louis Park City Council Meeting
051704 - 4b - Cable TV Grant to School District
Page 3
UNOFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF MAY 6, 2004 AT 7:00 P.M.
ST. LOUIS PARK SENIOR HIGH SCHOOL
MEMBERS PRESENT: Bruce Browning, Dale Hartman, Ken
Huiras, Mary Jean Overend, Rolf Peterson
MEMBERS ABSENT: Rick Dworsky, Bob Jacobson
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John
McHugh, Community TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public
Affairs Administrator; Tom Marble,
School District #283 Technology
Coordinator; Charlie Fiss, School District
#283 AV PC LAN Technician
1. Call to Order
Chair Huiras called the meeting to order at 7:05 p.m.
(SNIP)
6. New Business
A. School District funding for 2004
Tom Marble, District #283 Technology Coordinator, gave a summary of recent District
cable TV efforts. He mentioned a new, more efficient method of doing graphics for the
channel which allows teachers and staff to prepare PowerPoint slides instead of cable TV
staff. Art Watch has been a tremendous success thanks to parent and student
involvement, and the 5 or 6 shows have created many requests for DVD copies.
Unfortunately, Art Watch was created by Beth Johnson of the Communications
Department, which has been eliminated at the end of this school year. Mr. Marble said
they are looking to add DVD equipment compatible with their Tech controller so they
can play back DVDs on channel 14. He said that it is now possible to keep programs
entirely digital throughout the editing process, which allows higher quality and easy
manipulation of the signal. One surprise was that mini-DVC cassettes ($4 each) cannot
be successfully erased, meaning they can be used only once.
Chair Huiras asked who was doing the School Board meeting coverage, and Mr. Marble
said that TWC is providing staff to use District equipment.
Chair Huiras asked if that’s what TWC was talking about taking away, and Mr. McHugh
said yes, but that the City would assume those tasks.
St. Louis Park City Council Meeting
051704 - 4b - Cable TV Grant to School District
Page 4
Mr. Marble said that the District has changed the original proposal for the $19,000
equipment grant that they received from franchise fees in the second half of 2002. They
have not had studio classes this school year so there’s no reason to try to build a second
studio. Instead they purchased a 16 x 16 router, a DVD recorder and a DVD dub tower
($1800) to duplicate 8 DVDs at a time for Art Watch.
Mr. Marble said that the District requests an operation grant from the franchise fees of
$35,000, the same as last year.
Chair Huiras made a motion to recommend an operations grant of $35,000 for 2004, and
Commissioner Browning seconded the motion.
The motion passed 5-0.
Commissioner Peterson said that he’s reviewed the microphone specifications and found
that they have an on/off feature. He has discussed this with the School Board, and the
Board would like to try that because it will make it easier to manage than the current
system where the speaker must continually hold down a button while talking. Mr.
Marble said that could be done.
Commissioner Overend asked if there was any way to have a fund to replace the studio
cameras? Mr. Marble said that the TWC $100,000 equipment grant could be a place to
look for that, or perhaps the technology budget. Commissioner Peterson said the one
bright spot in the School Board budgeting is the technology levy.
B. Review: School District using interns for extra experience & to produce
programming
Mr. Marble said that this would continue to be a goal of the District. The first student
that served as an intern was a Brown College student and a former St. Louis Park High
School student who was very familiar with the procedures in the school. Unfortunately
that student could only help for 2 weeks, but the School District will continue to work
with Brown College on an internship program. They are talking about credit for hours of
assistance during the school day, for things like staffing the PC help desk. Mr. Marble
said that this was the first year for charging students for all extra curricular activities, and
the fee has had a negative effect and discouraged participation in video club activities.
(SNIP)
10. Adjournment
Commissioner Browning made a motion to adjourn at 8:46pm.
The motion passed 5-0.
St. Louis Park City Council Meeting
051704 - 4b - Cable TV Grant to School District
Page 5
After the meeting, Mr. Marble and Mr. Fiss led Commissioners Overend and Peterson and
City staff McHugh and Dunlap on a tour of the studio and meeting room C350 where the
School Board meetings are taped.
Respectfully submitted by:
Reg Dunlap
Civic TV Coordinator
St. Louis Park City Council Meeting
051704 - 4c - Goose Feeding Restrictions
Page 1
4c. Motion to adopt an Ordinance Restricting the Feeding of Canadian Geese,
Amending St. Louis Park Ordinance Code Chapter 4, Section 44, approve the
summary and authorize summary publication.
Background:
First reading was presented to the City Council at their May 3, 2004 regular meeting. Due to the
large numbers of geese that reside in St. Louis Park, City staff is recommending that Council
adopt a feeding ban since the number of geese in an area increase when they are fed. The Parks
and Recreation Department have paid for the removal of Canada Geese from selected parks for
the past six years. This annual removal operation can only occur when the geese are molting.
We currently contract this service through the Minnesota Department of Natural Resources
(DNR) and the University of Minnesota. Staff is hoping that this feeding ban will be another
tool for us to us in our effort to decrease the number of geese in our City.
Ordinance Change:
Changes to the ordinance have been incorporated and the ordinance is now being presented for
final adoption.
Attachment: Ordinance
Summary
Prepared By: Stacy M. Voelker, Department Secretary
Cynthia S. Walsh, Director of Parks and Recreation
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 4c - Goose Feeding Restrictions
Page 2
ORDINANCE NO. _____ - 04
AN ORDINANCE AMENDING THE ST. LOUIS PARK
MUNICIPAL C ODE CHAPTER 4: ANIMALS
BANNING FEEDING OF CANADA GOOSE IN THE CITY
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 4, Section 44 of the St. Louis Park Municipal Code is hereby
amended as follows:
Sec. 4-44. Deer, raccoon and Canada Goose.
Feeding deer, raccoon or Canada Goose is prohibited and declared a nuisance. Persons
feeding deer, raccoon or Canada Goose shall be guilty of a misdemeanor.
SECTION 2. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by City Council May 17, 2004
____________________________________ ____________________________________
City Manager Mayor
Attest: Approved as to Form and Execution:
____________________________________ ____________________________________
City Clerk City Attorney
St. Louis Park City Council Meeting
051704 - 4c - Goose Feeding Restrictions
Page 3
SUMMARY
ORDINANCE NO. _____
AN ORDINANCE AMENDING THE ST. LOUIS PARK
MUNICIPAL C ODE CHAPTER 4: ANIMALS
BANNING FEEDING OF CANADA GOOSE IN THE CITY
The ordinance prohibits the feeding of deer, raccoon or Canada Geese and declares it a nuisance.
Persons feeding deer, raccoon or Canada Goose shall be guilty of a misdemeanor.
This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council May 17, 2004
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in the St. Louis Park Sun Sailor: May 20, 2004
St. Louis Park City Council Meeting
051704 - 4d - Louisiana Traffic Signal Improvements
Page 1
4d. Bid Tabulation: Motion to designate Midwest Asphalt Corporation the lowest
responsible bidder and authorize execution of a contract with the firm in the
amount of $624,765.21 for Louisiana Avenue Traffic Improvements– City Project
No. 00-17
Background: Bids were received on May 11, 2004 for the Louisiana Avenue Traffic
Improvements including roadway, traffic signals and appurtenant work. The roadway work
involves widening Louisiana Avenue to provide for dual left-turn lanes at Highway 7. Two new
traffic signals will also be installed as part of this project. They will be located at Walker Street
and Lake Street. The new signals will be interconnected with the system at Highway 7 so that
signal timing can be coordinated between all three signals. Other work includes trail
construction, storm sewer work, pavement markings and lane striping.
A total of three (3) bids were received for this project. An advertisement for bids was published
in the St. Louis Park Sun-Sailor on April 22 and 28, 2004, and in the Construction Bulletin on
April 23 and 30, 2004. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Midwest Asphalt Corporation $624,765.21
Hardrives, Inc. $668,328.79
Thomas & Sons Construction, Inc. $732,448.16
Engineer’s Estimate $615,455.75
Evaluation of Bids: The City’s consultant, WSB and Associates, reviewed all bids submitted
and tabulated the results. Based on their review and recommendation, Midwest Asphalt
Corporation is the lowest responsible bidder. Midwest Asphalt is a reputable contractor who has
performed work for the city in the past.
Financial Considerations: This project will be funded by contributions from benefiting
developers with the balance being paid for with Tax Increment Financing (TIF) and/or HRA levy
proceeds. The developer of the Louisiana Oaks Apartments has made a commitment to pay for
the signal at Walker Street ($180,000) and a portion of the left-turn lane modifications ($42,500).
They have agreed to be assessed for their share of the project costs.
In the development agreement between the city and Methodist Hospital, Methodist has agreed to
contribute a percentage of the costs associated with the temporary signal at Lake Street (80%),
construction of the north-bound dual left turn lanes on Louisiana Avenue at Highway 7 (50%)
and traffic signal modifications to accommodate the dual turn lanes (50%). Methodist Hospital
will also be specially assessed for their share of the project costs.
Construction Timeline: The contractor anticipates beginning work in mid- to late-June. All of
the project work will be completed by mid-September.
St. Louis Park City Council Meeting
051704 - 4d - Louisiana Traffic Signal Improvements
Page 2
Attachments: Bid recommendation letter from the City’s Consultant (Supplement)
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Maria Hagen, City Engineer
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting 051704 - 4e - Authorize Contract for Oak Hill Park Buildings Page 1
4e. Motion to designate Hunerberg Construction as the lowest responsible bidder and
to authorize execution of a contract for construction of an enclosed park building
and open picnic shelter at Oak Hill Park in an amount not to exceed $431,249.00.
Background: The 2004 Capital Improvement Plan (CIP) includes three separate projects that all
relate to the planned improvements to Oak Hill Park. The largest of these projects relates to the
demolition of the existing warming house and large picnic shelter, and the construction of a new
large picnic shelter and warming house building. In addition to designing these structures, the
consulting firm of Krech, O’Brien, Mueller & Wass, Associated Architects (KOMW), will be
drafting a design concept for future warming house buildings. The designs of these buildings will
incorporate suggestions from residents obtained at resident meetings held in the fall of 2003 and
in March of 2004. At their March 5, 2004 meeting, the City Council approved the plans and
specifications and authorized staff to solicit bids for the buildings at Oak Hill Park.
Warming House: The enclosed park building is proposed to be one-story, wood framed with
masonry veneer of approximately 2,200 square feet. It will include benches, skate tile flooring,
bathrooms that are accessible from the outside and inside, and a multi purpose room. The
building is designed to be used as a warming house in the winter and for birthday party and other
rental purposes in the spring, summer and fall. Public art will be incorporated into the building
by using etched glass in some of the windows. Staff has contracted with Kathy Bradford, the
same artist who designed the Louisiana Oaks windows.
Picnic Shelter: The open picnic shelter is proposed to be a one-story, masonry and wood and
steel framed building of approximately 2,450 square feet. This will accommodate 100 people and
will include a food serving area, outlets, sink and faucet, and fire pit.
Bid Analysis: Bids were opened May 11, 2004 at 2 p.m. in the City Hall Council Chambers.
Seven firms submitted bids, with the amounts shown as follows:
Company Amount Bid
Hunerberg Construction $431,249
Ebert, Inc. $477,900
American Liberty $493,199
Copeland Building $495,000
Geo. Cook Construction $560,000
Gen-Con Construction $567,000
Stahl Construction $610,881
The apparent low bid was received from Hunerberg Construction. KOMW contacted Hunerberg
Contruction’s references had very positive comments relating to deadlines, responsiveness, and
quality of work.
Costs and Funding: The City has budgeted $520,000 to be spent on the demolition, design and
construction of these structures. The bid from Hunerberg Construction is in line with the cost
estimates for the building of these structures. City staff and the consultant are in the process of
St. Louis Park City Council Meeting 051704 - 4e - Authorize Contract for Oak Hill Park Buildings Page 2
reviewing the utility lines that currently service the building. It is likely that those utility lines
may need to be replaced as a part of this building process. Staff anticipates any additional utility
work to be covered in the budgeted amount.
Next Steps and Timelines: Staff demolished the existing warming house and will demolish the
picnic shelter in early July. Construction will begin as soon as the contract is executed and will
be completed prior to the winter rink season.
Prepared By: Cynthia S. Walsh, Director of Parks and Recreation
Approved By: Nancy Gohman, Deputy City Manager
St. Louis Park City Council Meeting
051704 - 4f - Sign Ordinance Amendment
Page 1
4f. Motion to approve second reading and adopt an ordinance amending St. Louis
Park Ordinance Code (Zoning) relating to allow non-commercial messages on
private signs and to reduce the required front yard for signs in the I-P Industrial
Park Zoning District; approve summary ordinance and authorize publication.
Case Nos. 04-06-ZA
Background
In the process of daily administering the zoning code, staff is required to analyze many diverse
land use applications and answer numerous questions. During this process, issues arise where
some areas of the code seem inconsistent or ambiguous. Whenever these issues arise, staff
makes an effort to rectify or simplify the code language. This report deals with two proposed
amendments to the sign ordinance:
• Clarification regarding the placement of non-commercial messages on signs.
• Front yard setback requirements for signs in the I-P Industrial Park District.
The Planning Commission conducted a public hearing for the amendment at its March 17, 2004
meeting, and no one from the community was at the meeting to speak. The Commission on a 3-1
vote recommended the Council deny the amendment to allow non-commercial speech and on a
4-0 vote, the Commission recommended the Council approve the amendment allowing a 20 foot
front yard in the Industrial Park District.
At the May 3, 2004 City Council Meeting, staff presented the Planning Commission’s
recommendations together with the City Attorney’s recommendation with regards to the
proposed amendment allowing non-commercial speech. The City Council considered the advice
and recommendation of the Planning Commission and staff and approved first reading of the
attached ordinance on a 7-0 vote.
Proposed Ordinance
The proposed amendment (see attached ordinance) if approved would amend the sign ordinance
by allowing the display of non-commercial speech and by reducing the required front yard
requirements for signs in the Industrial Park District from 50 feet to 20 feet. The ordinance
would go into effect on May 27, 2004.
Prepared By: Gary Morrison, Assistant Zoning Administrator
Approved By: Tom Harmening, City Manager
Attachments
Proposed Ordinance
Proposed Summary Ordinance
St. Louis Park City Council Meeting
051704 - 4f - Sign Ordinance Amendment
Page 2
ORDINANCE NO. _________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE RELATING TO SIGNS,
AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTER 36
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Section 36-362(f) is amended to add the following paragraph:
(20) Noncommercial speech. Any non-commercial message may be
substituted for any commercial message on any sign allowed under the
Code, subject to the same regulations applicable to such signs.
Section 2. Section 36-362(f)(2) is amended to add the following paragraph:
k. In the I-P district the required front yard for a freestanding sign shall be 20
feet. The required side yard abutting a street for a freestanding sign shall
be 15 feet.
Section 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its
passage and publication.
ADOPTED this ______ day of ____________, 2004, by the City Council of the City of
St. Louis Park.
Reviewed for Administration Adopted by the City Council
_______________________________ ___________________________
City Manager Jeffrey W. Jacobs, Mayor
ATTEST: Approved as to Form and Execution
_______________________________ ____________________________
Cynthia Reichert, City Clerk City Attorney
St. Louis Park City Council Meeting
051704 - 4f - Sign Ordinance Amendment
Page 3
SUMMARY
ORDINANCE NO._____________
AN ORDINANCE RELATING TO SIGNAGE
This ordinance relates to allowing non-commercial messages on private signs and to reduce the
required front yard for free-standing signs in the I-P Industrial Park Zoning District.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council May 17, 2004
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 27, 2004
04-06-ZAsum/2004/res-ord
St. Louis Park City Council Meeting
051704 - 4g - 2757 Brunswick Encroachment Agmt
Page 1
4g. Motion to authorize the Mayor and City Manager to execute an Encroachment
Agreement with the Hoffmans, 2757 Brunswick Avenue South, for use of City
right-of-way for placement of a fence
Background: The Hoffmans own the single-family home at 2757 Brunswick Avenue South and
wish to construct a decorative wood fence along the south side of their property which would
encroach into the City’s right-of-way. With the recent construction of the City’s sidewalk, the
Hoffmans wish to have more private use of their backyard. The City narrowed the street in order
to install this sidewalk.
Analysis: City staff has reviewed this request and has found no conflicts with utilities or other
public facilities. The applicant will be required to maintain 2 feet of clearance between the fence
and the sidewalk for snow storage, and the fence will need to meet zoning code requirements
pertaining to sight lines. An angled segment may be necessary at the corner of the alley to
comply with this requirement.
The proposed encroachment agreement allows the City to terminate this agreement upon thirty
(30) days notice to the property owner. The standard agreement was drafted by the City
Attorney. The agreement will be recorded against the property and run with the land. All costs
of construction, future maintenance, relocation or removal would be borne by the property
owner.
Attachment: Map (Supplement)
Prepared by: Maria A. Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Nancy Gohman, Deputy City Manager
St. Louis Park City Council Meeting
051704 - 4h - FCSC Minutes of 030804
Page 1
MINUTES
FIRE CIVIL SERVICE COMMISSION
March 8, 2004, 3:00 p.m.
FIRE CONFERENCE ROOM, 1ST FLOOR CITY HALL
1) The meeting was called to order at 3:10 p.m. by President Lee.
2) In attendance were Commissioners David Lee and William MacMillan. Also present were Luke
Stemmer, Fire Chief, John Lindstrom, Battalion Fire Chief, Mike Dobesh, Firefighter, Ali Fosse,
Human Resources Coordinator/Staff Liaison, and Dale Antonson, Union President.
3) President Lee raised concerns regarding the posting of the meeting. Future meetings shall be posted by
the Human Resources Coordinator/Staff Liaison 72 hours in advance at City Hall, both Fire Stations,
and the Union President shall be notified.
4) President Lee addressed the interview portion of the Fire Lieutenant recruitment process. The
approved process stipulated a Commissioner would be on the interview panel. Future recruitment shall
adhere to the Process that was approved by the Commission.
5) President Lee raised a question regarding the rules of the Commission. Statues require the Commission
to certify the top three (3) names on the eligibility roster, not the whole roster. A motion was made by
Commissioner MacMillan, seconded by President Lee to change the agenda to certify the top 3 names
of the list (instead of the whole list). Motion carried.
6) President Lee requested that a “working copy” of Commission minutes be made available within 30
days of a Commission meeting. Staff Liaison Ali Fosse agreed to make the minutes available in a draft
form.
7) Commissioner MacMillan requested notification of open houses and swearing-in ceremonies for
current firefighters. Chief Stemmer agreed to notify the Commissioners of these types of employee
recognition events.
8) A motion was made by Commissioner MacMillan, seconded by President Lee to approve the minutes
from the last meeting, held December 29, 2003. The motion carried.
9) The Fire Lieutenant eligibility roster was presented to the Commissioners, and Chief Stemmer
described the process the candidates completed. All thirteen (13) applicants scored over 70 points on
the process. A motion was made by Commissioner MacMillan, seconded by President Lee to accept
the Fire Lieutenant eligibility roster. Motion carried.
10) A motion was made by Commissioner MacMillan, seconded by President Lee, to certify the top three
names on the list (Paul Rosholt, Cary Smith, and Mark Winiecki). Motion carried.
11) A motion was made by Commissioner MacMillan, seconded by President Lee, to change the
recruitment process for Fire Captain. Changes consist of 4 new dimensions by which the candidates
will rank each other on the Promotability Index (so as to avoid duplication from the Lieutenant
St. Louis Park City Council Meeting
051704 - 4h - FCSC Minutes of 030804
Page 2
process). Also, change certification rules to stipulate that candidates must have a total score of seventy
points or higher to be accepted on the eligibility roster. Motion carried.
12) A motion was made by Commissioner MacMillan, seconded by President Lee to adjourn the meeting.
The Commission adjourned at 3:30 p.m.
Respectfully submitted,
Ali Fosse
City Staff Liaison to the Fire Civil Service Commission
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 1
OFFICIAL MINUTES
ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION
MEETING OF FEBRUARY 12, 2004 AT 7:00 P.M.
ST. LOUIS PARK CITY HALL, COUNCIL CHAMBERS
MEMBERS PRESENT: Bruce Browning, Rick Dworsky, Dale Hartman, Ken Huiras, Rolf
Peterson
MEMBERS ABSENT: Bob Jacobson, Mary Jean Overend
STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community
TV Coordinator
OTHERS PRESENT: Arlen Mattern, Time Warner Cable Public Affairs Administrator;
Charlie Fiss, School District #283 AV PC LAN Technician
1. Call to Order
Chair Huiras called the meeting to order at 7:03 p.m.
2. Roll Call
Present at roll call were Commissioners Browning, Dworsky, Hartman, Huiras and
Peterson, and City Staff Reg Dunlap and John McHugh.
3. Approval of Minutes for December 4, 2003
It was moved by Commissioner Peterson, seconded by Commissioner Browning, to
approve the minutes of December 4, 2003 without changes.
The motion passed 5-0.
4. Adoption of Agenda
Chair Huiras requested that the following be added to Item 5, Old Business: 5D Victory
Sports Update.
It was moved by Commissioner Browning to approve the agenda as amended.
The motion passed 5-0.
5. Public Hearing: Time Warner Cable Renewal
Bill Watson, 3200 Virginia Avenue, testified about a problem with security cameras and
Time Warner Cable at Wyndmoor Condominiums. Mr. Watson would like Time Warner
to put the security camera channel on the cable system so the residents don’t have to use
an A/B manual switch box to monitor the security camera at the building entrance.
Currently residents switch over to the alternate cable, the master antenna system that
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 2
predates Time Warner’s cable installation, to monitor the security camera on channel 7.
Time Warner has leased access channels and other channels that could be pre-empted to
add the security camera channel to the cable system. Mr. Watson said they’d like to
continue with Time Warner, and asked the Commission to help with this so they can
continue to have a secure building.
John McHugh read the comments submitted in writing or left on voice mail by the
following residents:
Mary Jane Shaw emailed that her service is not consistant and would like new service
providers to bid and provide better service.
Rich Thorn emailed that it would be great addition to add a service level between basic
and standard levels of service because of the big jump in price between these services.
Jane Cornelius wrote about the high cost of cable service, and suggested a senior citizen
discount.
Sidney Wood emailed that he was very disappointed in not being able to receive Victory
Sports channel and that he’d like to subscribe to a plan where he could pay for just the
channels he likes to watch.
Dopoferl@aol.com emailed that the service with Time Warner was not good because he
didn’t properly receive credit for a free offer for AOL Broadband, so he canceled the
service.
Sanjay Sharma emailed that they are completely dissatisfied with Time Warner Cable
services and prices, and that it would be nice to get a different company that is better
rated to replace them.
Conrad Posz emailed that granting a franchise to one cable TV company is a mistake and
he’d prefer competition. Also, that he was initially pleased with a special offer for digital
cable until he received the regular monthly bill for over $56, which is outrageous.
Lottie Harrier wrote that her cable bill increases every year, this year $5.37 per month.
She intends to explore satellite service, but doesn’t like thinking about the problems of
converting to the new service.
Wade Carroll left a voice mail that his January bill went up $3 and they aren’t offering
any additional services.
Geraldine Waalk wrote that the cost for cable is out of hand and she’s considering
dropping it because the reception is horrible.
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 3
Donal Nielson wrote that his mother had a problem with Time Warner which was why
they changed to a satellite dish, and predicted a migration by other cable customers which
would cause a loss of revenue to the City.
vcdoming@yahoo.org emailed that converter boxes should not be required, for a fee, to
receive basic cable.
Lee Ann Lanstrom emailed that she much preferred Time Warner over Paragon Cable
because the service hours are longer, the customer service people have been nicer to deal
with and have given good advice or quick service to correct any problems. She said the
only complaint was that the rates are too high.
Mrs. Winter left a voice mail suggesting a senior citizen discount for cable service since
the regular service is too expensive for someone on a fixed income.
Paul Evenson told staff that he’d like cable TV but it’s too expensive.
Michael Younger called staff and asked why his bill went up 15%, and also wants to
receive Victory Sports channel.
Sharon Corriveau emailed that other cities have cable company choices, but not in St.
Louis Park, and that if we had a choice of companies maybe the rates would go down.
Julianne Sixel emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: No disclosure
Local office: Yes
Local channel of value: Yes
Option to view basic cable without a cable box: YES!
Concerns about TWC current business or future plans: Not at the moment
Arlene Silvernail emailed that she’s had some billing problems with Time Warner and is
thinking of switching to a satellite dish because she’s so upset with the service and poor
reception.
Kevin Sorenson emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: Absolutely not!
Local office: No
Option to view basic cable without a cable box: Yes
Concerns about TWC current business or future plans: Cable companies know they have
a captive audience and are taking advantage. I would like ala carte channel selections
and to purchase broadband without buying cable service.
Jon Kuskie emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: Aren’t we being shared enough already?
Local office: Not terribly important
Local channel of value: Not terribly important
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 4
Option to view basic cable without a cable box: EXTREMELY IMPORTANT. I really
do not want them to have more control than what they already do.
Concerns about TWC current business or future plans: Like to see expenses decrease
somehow.
Rhesa Schwartz emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: Strong feelings, very wrong to let a company
sell/use private information.
Local channel of value: Concerned that unless one has cable, they can’t see local
programming like the Council meetings. Time Warner is a monopoly & we have no
choice.
Duane Ager emailed that he wants Victory Sports.
Phyllis Olsen wrote that the fees keep going up and maybe there’s another service
available instead of renewing Time Warner.
Emily McLellan emailed that she likes community TV offerings on the whole and
particularly likes Music da camera (a show on Community TV 15).
Robert Ball emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: No disclosure
Local office: Yes
Local channel of value: Yes, and there should be a cooperative effort to allow school staff
to also use company equipment to tape school/community events.
Option to view basic cable without a cable box: YES!
Sean McDonnell emailed these answers to issues noted in the St. Louis Park Sailor:
Disclosure of personal information: No, an opt-in mailing list would be better.
Local office: No
Local channel of value: Yes
Option to view basic cable without a cable box: Yes
Concerns about TWC current business or future plans: No
Mr. McHugh said that at the Council’s first meeting in April, they will decide to conclude
the renewal proceeding or extend it.
6. Old Business
6A Renewal Update
Chair Huiras asked about the current status of renewal negotiations, and Mr. McHugh
said there have been no meetings in the last month, to collect the public comments. The
next step is to update new City Manager Tom Harmening and set new meetings with
Time Warner. Mr. McHugh said collecting public comment has been going on more than
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 5
a year, including the surveys last year of the business community and residents, which
revealed that the local channels were valued by subscribers.
6B Bylaws Review
Mr. Dunlap said that City Clerk Cindy Reichert said the Commission’s Bylaws are fine
for now and that she will have to postpone any review to assure conformity with other
Boards and Commissions until after the Presidential election.
6C Emergency Alert System (EAS) Update
Mr. Dunlap said there had been some intermittent problems with the analog EAS in tests,
so Time Warner’s techs had pulled the unit out of service for additional servicing. Chair
Huiras asked about the digital EAS system and Mr. Dunlap said that Time Warner was
still working on it.
6D Victory Sports Update
Arlen Mattern, TWC’s Public Affairs Administrator, said there was nothing new on this,
that TWC wants to carry Victory Sports but it’s too expensive. Commissioner Browning
asked if any metro area cable systems carry it, and Mr. Mattern said no, but that some
out-state systems had signed up for it.
7. New Business
7A Review & comment on draft 2003 Annual Report to Council & Work Plan for
2004
The Commission was encouraged to contact staff after reviewing the draft.
7B Background on proper uses of Social Security Numbers & privacy policies Set
Meetings for 2004
Deferred to the next meeting to allow Commissioner Overend’s participation, since this is
an important issue for her.
7C “Pasadena” court case & bill itemization background
Mr. Dunlap said that Time Warner collects revenue that doesn’t come from subscribers
that they pay 5% franchise fees on, like revenue from selling advertising. The City of
Pasadena brought the case through the courts. Mr. Dunlap said the bottom line is that St.
Louis Park residents will pay between 20 and 28 cents extra per month because of this
legal decision, when Time Warner implements this fee. Mr. Mattern said the fee would
show up on next cable statement. Chair Huiras asked if it would be a separate line item,
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 6
and Mr. Mattern said yes. Commissioner Dworsky asked how it would be labeled, and
Mr. Mattern said as franchise fees.
7D Staff proposal for Time Warner $100,000 equipment grant
Mr. Dunlap said staff conferred with the department supervisor who said to hold off on
any proposal for a couple of months until further into the City’s budget process. Last
year several community grants were adjusted or cut, including the School District’s
franchise fee grant. Chair Huiras asked if the grant had been received from Time
Warner, and Mr. Dunlap said yes, and that there is a separate line item in the budget for
it.
7E Elect Chair and Vice Chair for 2004
After calling for nominations, Commissioner Browning nominated Ken Huiras for Chair
and Commissioner Dworsky seconded. Chair Huiras was re-elected 5-0. Chair Huiras
nominated Bruce Browning for Vice Chair and Commissioner Peterson seconded. Vice
Chair Browning was re-elected 5-0.
8. Reports
8A School District Quarterly Programming Report
Charlie Fiss, School District #283’s AV PC LAN Technician, brought the quarterly
programming report to the Commission. He said they have looked for equipment racks
to rack-mount studio equipment but suffered sticker-shock and will consider having staff
carpenters make some storage shelves. He said the High School studio has one good
camera but the other two cameras from the 1980’s are unreliable and need to be
replaced. He said that a character generator is needed for titling of studio programs and
School Board meetings but hasn’t found a great price yet. School District staff have
talked about giving students a stipend as an incentive to do productions like tonight’s
“Battle of the Bands,” but that proposal hasn’t been fully developed yet. There was a
student intern for about 7 days but the student has run into a busy period and can’t
continue. Intern guidelines were developed so they expect to try that again because it
would be a good experience for the student and the department. Mr. Fiss has produced
two episodes of a program called “Art Watch” involving Beth Johnson, a parent and 15
junior high school kids.
Commissioner Peterson asked about scheduling “Art Watch” a bit later in prime time
than 6:00 p.m., and Mr. Fiss said that time slot was selected by the students involved in
the production.
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 7
Chair Huiras asked about the productions listed on the report from Susan Lindgren and
Cedar Manor, and Mr. Fiss said there was a technician on hand at those schools to help
with computer and audio/video needs, and that the tech produces programming when
there is time.
Commissioner Dworsky asked if the local studios had been contacted for equipment or
studio furniture that is no longer needed? Mr. Fiss had contacted the local television
studios and got a set from KSTP TV channel 5, and that Time Warner has some
equipment racks to donate. Commissioner Dworsky said those donors should be
recognized for their contributions. Commissioner Browning said Brown College had
obtained sets from a station in Mankato, so ask out-state TV stations for equipment
donations.
Mr. Fiss said there was a complaint about the audio level at a School Board meeting and
intermittent problems with the audio on educational channel 98 which runs NASA
satellite programming. Mr. Fiss said Time Warner technicians replaced a modulator
which has eliminated the hum in the audio but occasionally there is no audio being sent
from NASA.
Chair Huiras asked about the uninterruptible power supplies that John McHugh asked to
be added to the District’s inventory, and Mr. Fiss said he had done so on this report.
Chair Huiras said the audio was fine when he’s watched the School Board but that the
lighting was dim. Mr. Fiss said that some lighting has been added but some Board
members had mentioned that it was already too bright.
Chair Huiras thanked Mr. Fiss for the report and said they had come a long way in the
last few years.
8B Complaints
Chair Huiras said that some of the testimony read by Mr. McHugh seemed to be billing
complaints, and asked if those cases had been turned over to Time Warner. Mr. McHugh
said yes.
9. Communications from the Chair
None
10. Communications from City Staff
Mr. Dunlap said there would be a staff report on renewal at the City Council Study
Session on February 23, and that the new DVD playback equipment hasn’t come in yet so
perhaps it will be installed in time for the next Commission meeting.
St. Louis Park City Council Meeting
051704 - 4i - Telecommunications Commission Minutes of 2-12-04
Page 8
11. Adjournment
Chair Huiras adjourned the meeting at 8:19pm.
Respectfully submitted by:
Reg Dunlap
Civic TV Coordinator
St. Louis Park City Council Meeting
051704 - 4k - Housing Authority Minutes of 041404
Page 1
MINUTES
Housing Authority
St. Louis Park, Minnesota
Wednesday, April 14, 2004
Westwood Room
5:00 p.m.
MEMBERS PRESENT: Commissioners Catherine Courtney, Steve Fillbrandt, Anne Mavity
and Judith Moore
STAFF PRESENT: Sharon Anderson, Jane Klesk, and Michele Schnitker
1. Call to Order
Commissioner Courtney called the meeting to order at 5:13 p.m.
2. Approval of Minutes for February 11, 2004 and March 10, 2004
The February 11 and March 10, 2004 minutes were unanimously approved.
3. Hearings – None
4. Reports and Committees – None
5. Unfinished Business – None
6. New Business
a. Approval of Financial Services Contract
Ms. Schnitker explained that staff is requesting that the Board approve a two year
contract with the City’s Finance Department, for a total of $42,930 this year, and
$44,218 next year. Additionally, the Finance Department will be reimbursed for their
time spent on Government Accounting Standards Board compliance, up to a
maximum of $4,300.00. The contract may be terminated at any time with a 30-day
notice. Commissioner Mavity moved to approve the Financial Services Contract and
Commissioner Moore seconded the motion. The motion passed 4-0, with
Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor.
b. Approval of Caretaker Contracts
Ms. Anderson provided a brief overview of the Caretaker Contracts, explaining that
each caretaker receives free apartment rental for the duration of their contract.
Additionally, staff is recommending a payment increase from $400 to $450 a month
for Israel Akinbola and Edin and Zlata Mucic. Commissioner Mavity moved to
St. Louis Park City Council Meeting
051704 - 4k - Housing Authority Minutes of 041404
Page 2
approve the Caretaker Contracts and Commissioner Moore seconded the motion. The
motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and Moore
voting in favor.
c. Approval of Bid award for Capital Improvement Work
Ms. Anderson stated that the HA has been awarded $190,622 for capital
improvements, with $45,000 slated for return to the Operating Budget for the current
fiscal year, and $26,160 approved for Studio Five Architects, leaving $119,462 for
work items. The planned items are new closet doors for Hamilton House units,
replacement flooring in a number of units, ten bathroom vanities at Hamilton House,
and plumbing work at scattered site houses. The lowest bidder was Socon
Construction. Additionally, asbestos abatement will be done on units where linoleum
is being replaced. The lowest bidder for asbestos abatement was Envirotech. There
will be driveway replacements at three scattered site units. The lowest bidder was
DMJ Asphalt. Commissioner Mavity moved for approval of the contract with Socon
Construction in the amount of $42,645, along with a change order to include selected
alternates in the amount of $73,432; the contract with Envirotech in the amount of
$475 per unit; and the contract with DMJ Asphalt in the amount of $9,841.
Commissioner Moore seconded the motion, and the motion passed on a vote of 4-0,
with Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor.
d. Section 8 Administrative Fee Analysis
Ms. Schnitker provided the Board members with an update on the financial status of
fiscal year end March 31, 2004 Section 8 earned administrative fees, along with
current and anticipated HUD changes in the Section 8 program. Ms. Schnitker stated
that HA staff will keep the Board informed as they monitor developments related to
Section 8 program changes.
e. Approval of Section 8 Utility Allowances
Ms. Schnitker presented an overview of the 2004 Section 8 utility allowance
amendments. Commissioner Moore moved to approve Resolution No. 525,
Amending the Section 8 Utility Allowance Schedule, and Commissioner Mavity
seconded the motion. The motion passed on a vote of 4-0, with Commissioners
Courtney, Fillbrandt, Mavity and Moore voting in favor.
f. Election of Vice Chairperson
Commissioner Mavity nominated Commissioner Moore to the Vice Chairperson
position. Commissioner Fillbrandt seconded the motion, and the motion passed 3-0,
with Commissioners Courtney, Fillbrandt and Mavity voting in favor. Commissioner
Moore abstained from voting.
7. Communications from Executive Director
a. Claims Lists No. 2-2004 and No. 3-2004
St. Louis Park City Council Meeting
051704 - 4k - Housing Authority Minutes of 041404
Page 3
Commissioner Moore moved to ratify Claims Lists No. 2-2004 and No. 3-2004, and
Commissioner Fillbrandt seconded the motion. The motion passed 4-0, with
Commissioners Courtney, Fillbrandt, Mavity and Moore voting in favor.
b. Ms. Schnitker provided an update to the Commissioners regarding the Housing
Summit.
1. Monthly Reports for February and March, 2004
2. Scattered-Site Houses and Hamilton House (verbal report)
3. Draft Financial Statement
8. Other – None
9. Adjournment
Commissioner Mavity moved to adjourn the meeting, and Commission Moore seconded the
motion. The motion passed 4-0, with Commissioners Courtney, Fillbrandt, Mavity and
Moore voting in favor. The meeting was adjourned at 6:32 p.m.
Respectfully Submitted,
Anne Mavity, Secretary
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 1
6a. Sam’s Club (Wal Mart) is requesting approval of preliminary and final plat, a
conditional use permit and street and utility easement vacation to permit
development of an expansion to the Sam’s Club building, an expanded
parking lot, and construction of a members only fuel facility.
3745 Louisiana Ave & 7115 Lake St
Case Nos. 04-11-S, 04-08-CUP & 04-18-VAC
Recommended
Action:
• Mayor to close the public hearing. Motion to approve First
Reading of the proposed ordinance vacating a portion of the
street and utility easement as described in the staff report.
• Motion to adopt resolutions approving the preliminary and
final plat and conditional use permit subject to conditions as
recommended by staff.
Zoning: C-2, General Commercial
I-G, General Industrial
Comprehensive Plan Designation: Commercial
Industrial
Background:
Sam’s Club (Wal Mart Stores, Inc) is planning a three-part expansion project to their existing
facility on Louisiana Avenue. They are proposing: approximately 32,733 square foot building
expansion for a total of approximately 151,042 square feet; expansion of the parking lot north to
W. Lake St; and construction of a “members only” fueling facility, similar to the Costco fueling
facility in Park Place Plaza. Access is proposed off of Louisiana Ave. and Monitor St. To
accommodate this expansion project Sam’s Club is proposing to purchase the Cardinal Glass site
at 7115 Lake St. W (Sam’s Club/Wal Mart currently has a purchase agreement for the Cardinal
Glass Site) and demolish the existing building for the parking lot and fueling facility. The
Cardinal Glass site is currently zoned IG, General Industrial and the Sam’s Club existing
property is zoned C2, General Commercial. The applicant is not proposing to change the zoning.
Sam’s Club was approved as a special permit by the City in 1986. The proposed expansion
requires a Replat to combine both properties into one, and a new Conditional Use Permit for
retail stores over 20,000 square feet in the C-2, General Commercial District and for the motor
fuel station in the I-G, General Industrial District. In addition, the developer is requesting
vacation of a street and utility easement along the east side of the property. The proposed
building expansion would include approximately 13,000 square feet along the south/southeast
side of the building for a relocated truck dock, additional storage and food
preparations/refrigeration coolers; plus 24,000 square feet along the west and northwest corner
for an expanded liquor sales area, tire service area and new main entry on the north side of the
building. The existing entrance on the west side will be removed. The exterior of the Sam’s
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051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
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Club building would be upgraded. The construction to the west side would reduce the existing
parking lot. They would reorient the existing parking to the north side and expand it into the old
Cardinal Glass site. The gas station would have a small, 224 sq. ft. accessory building. Sam’s is
proposing the fuel station will be attended during operating hours.
Staff required a traffic study to evaluate the impacts of the proposed expansion. The study was
prepared by SRF on behalf of the City and paid for by Sam’s Club. The results are analyzed
below.
On April 21, 2004 the Planning Commission held a public hearing on this item. The Planning
Commission voted 7-0 to recommend approval of the amendment and a portion of the vacation
subject to the conditions recommended by staff with some additions and changes to the language
relative to the plat recording conditions as recommended by staff. The Planning Commission
also recommended a condition be added to allow intercom systems at the fuel station and require
adequate screening of the tire/battery storage area. These have been further addressed in the staff
report.
Issues:
• Are Subdivision Ordinance requirements met for Preliminary and Final plat?
• Is the street and utility easement vacation appropriate?
• Are other Zoning Ordinance standards being met including C-2 standards,
landscaping, and parking, architectural design?
• What are the results of the traffic study?
• Are there any other issues?
Issues Analysis:
• Are Subdivision Ordinance requirements met for Preliminary and Final plat
Sam’s Club is proposing to replat the two properties (3745 Louisiana Ave & 7115 Walker St),
from several underlying lots, some of which traverse the building, into one approximately 13 acre
lot. The two properties currently consist of two zoning districts and the applicant is not
proposing to change these zoning designations. The resulting property will contain two zoning
designations, IG-General Industrial on the north half and C2-General Commercial on the south
half. This type of situation does exist on other parcels throughout the City, therefore staff does
not believe a rezoning should be required at this time.
The Subdivision Ordinance states that the City may agree to review the preliminary and final
plats simultaneously. Staff and the Planning Commission believe that it is appropriate in this
case to combine the approval process as it involves the combination of two existing parcels
located on improved streets.
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The Subdivision Ordinance also outlines the specific data requirements for final plats, including
name of the subdivision; location of all monuments; location, width, and type of all easements to
be dedicated; statement dedicating easements; owner’s policy of title insurance; and the type of
certification required. Title insurance must name the City to insure that the city’s interests, such
as easements are secure. If all of the easements are dedicated on the plat, title insurance naming
the City can be waived. Staff and the Planning Commission believe it is appropriate in this case
to waive title insurance. However, while the existing and proposed easements are shown on the
plat documents, a statement dedicating easements and street rights of way is missing from the
title sheet. Therefore, if the subdivision is approved, the statement dedicating the easements
would be required prior to the City signing the final plat. The developer has requested some
flexibility with the timing of the plat recording so they can resolve some issues with the County
recording requirements. This has been addressed in the conditions of approval.
Grading and Utility Plan:
The Public Works Department reviewed the grading and utility plans and returned several
comments which will need to be addressed prior to site work. These are as follows:
1. Sanitary service to the gas station has not been identified on the plans. If one is required,
it should be stubbed off of Monitor Street.
2. Provisions should be made at the corner of Lake Street and Louisiana Avenue for the
temporary and permanent traffic signal installations, if construction begins prior to
installation of the lights.
3. An erosion control permit will be required for this development. Both a short-term
erosion control plan and a long-term stormwater management plan will need to be
provided. Staff and the Planning Commission recommend these plans be submitted and
approved prior to the issuance of any permits.
Stormwater Drainage:
Stormwater calculations have been submitted with the grading plans. The Public Works
Department indicated that the calculations appear to be adequate, however they will need to see
more details on the stormwater design prior to issuance of any permits (i.e. erosion control or
building permits). Staff and the Planning Commission recommend this information be submitted
and approved by the Public Works Director prior to issuance of any site work.
Sidewalks
6 foot sidewalks have been proposed along all three street frontages. Portions of the sidewalks
are located on private property, therefore a sidewalk easement will be required prior to the City
signing the Final Plat.
Road Improvements:
Monitor Street is currently in very poor condition. Because this street is proposed to become the
primary access for all delivery vehicles and possibly the gas station, the Public Works
Department recommends that Monitor Street be brought up to City standards at the cost of the
developer. When it is rebuilt the curb and gutter on both sides will need to be replaced and the
Public Works Department recommended the street width be 30 feet wide from curb face to curb
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051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
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face. The developer has agreed to reconstruct Monitor. Staff and the Planning Commission
recommend the Public Works Director approve the reconstruction design.
The applicant has proposed to relocate Sam’s Club main entrance 50 feet north. The Public
Works Department and SRF, who conducted a traffic study for this proposed project, reviewed
this proposal. Both agreed the relocation will provide safer intersection operations as it will align
the Sam’s Club driveway opposite the driveway located west of Louisiana Ave, and will slightly
improve sight distances along Louisiana Avenue. The Public Works Department recommended
Sam’s Club construct a northbound right-turn lane along Louisiana Ave at the main entrance to
provide safer operations and additional intersection capacity. SRF concurred with Public Works
recommendation (see traffic study analysis below). The applicant has submitted revised plans
which incorporate a 12 foot wide turn lane as recommended by the Public Works Department.
The sidewalk adjacent to the turn lane is located within private property. As stated earlier, a
sidewalk easement will be required.
Tree Replacement Plan
A tree replacement plan was submitted. The applicant indicated on the plan they will not be able
to meet the requirements for tree replacement on site due to the number of trees to be removed.
They requested to obtain approval from the City to plant additional trees off site on public land or
pay for the cost of replacement. The City Forester has indicated cash in lieu would be preferred
based upon the set fee of $90 per caliper inch. Staff recommends this as a condition of approval.
Based upon the plan submitted, approximately 935 caliper inches of replacement trees are
required and the total trees proposed with this project is approximately 535 caliper inches. While
the proposed plans met the Code’s internal parking lot landscaping requirements, the Planning
Commission recommended additional landscaping be added in the northern portion of the
parking lot and additional evergreens be added near the gas station to provide additional
screening at this intersection of Lake St. and Louisiana Ave. The applicant submitted revised
plans that show 3 new landscaped islands with one tree in each. Staff believes the islands are
large enough to include additional shrubs (not ground cover) and recommends the plans be
revised to incorporate these prior to the City signing the final plat.
• Is the street and utility easement vacation appropriate?
The applicant has proposed to vacate an existing street and utility easement lying along the
eastern lot line (West of Monitor Street) of the current Sam’s Club site and replace it with a 10
foot wide drainage and utility easement (see Preliminary Plat for easement location). A majority
of the existing street easement is 10 feet wide and provides for a continuous 50 foot wide right-
of-way for Monitor Street. The remaining portion, which is approximately 60 feet long by 30 to
38 feet in width, is located further inside Sam’s Club property at the southern most end of the
street easement and over what is shown as vacated 2nd Street. Staff believes it was intended for
use as a turn around at the end of Monitor Street.
The Public Works Department reviewed the vacation request and stated they want to retain the
10 foot wide street easement, and in fact recommend it be dedicated as actual right-of-way to
ensure a 50 foot wide right-of-way is preserved. It is the City’s policy to require street easements
St. Louis Park City Council Meeting
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be dedicated as right-of-way with any new plat. The applicant submitted a revised plat meeting
the dedication recommendation. The Public Works Department did approve the vacation request
of the remaining easement (i.e. that portion staff believes was to be used as a turn around). They
believe a turn around could be accommodated at some point in the future when the property to
the east redevelops. The applicant has agreed to modify the final plat to include the dedication as
described.
Are other Zoning Ordinance standards being met including C-2 standards, IG standards,
landscaping, parking, and architectural design ( see attachment which delineates zoning
district location)?
C-2 District Standards: Dimensional standards and density requirements for the C-2 District
must be met, including Floor Area Ratio (FAR), setbacks, and height. All these standards are
being met for the Sam’s Cub building located on the C2 property.
I-G District Standards: Sam’s Club is also proposing a 12 station fueling facility on the north east
corner of the current Cardinal Glass property. This facility is similar to Costco’s fueling facility
within the Park Place Plaza Development. It will be available only to Sam’s Club members, and
will not include a convenience store. The proposed fueling station meets the setbacks and
building height requirements. Motor Fuel Stations are currently permitted in the I-G District as
Conditional Uses. Eight conditions ranging from setbacks to the prohibition of outside sales are
required to be met. The proposal appears to meet these conditions. Staff and the Planning
Commission are recommending some of these conditions as conditions of approval. The
Planning Commission also recommended a change to the condition that prohibits public address
systems to state “intercom systems at the fueling stations are allowed.” This change has been
made.
Landscaping:
The proposed landscape plan meets all bufferyard and internal parking lot landscaping
requirements. As indicated previously additional landscaping was added to the north portion of
the parking lot and staff recommended some shrubs also be added. Staff has some concerns with
the origin of the proposed plant materials as the landscape architect is located in Nebraska and is
recommending a condition of approval ensuring the plant materials are from a local area to
ensure their hardiness.
Parking:
The developer is proposing a total of 690 parking stalls for Sam’s Club and 8 stalls for the fuel
station (3 at the islands and 5 extra spaces per ordinance requirements). The proposed number of
stalls meets the ordinance requirement of 686 stalls, which includes a 10% transit reduction.
This site is located on a frequently operated transit line and staff and the Planning Commission
believe the transit reduction is appropriate since employees could use the transit. There are
approximately 462 parking stalls existing on site today (the existing building size is 118,309 sq.
ft). This is at least 150 stalls short of the parking requirements for the retail use.
St. Louis Park City Council Meeting
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The plans actually show 701 stalls for the Sam’s Club, but the submitted plans state the total
parking figure does not include 11 stalls that are to be used for cart corrals. Exterior cart storage
areas are identified on the plans (Interior cart storage has been highlighted on the floor plan just
inside the main entry). Therefore, staff recommends the plans be revised to incorporate exterior
cart corrals prior to Council consideration.
Lighting: Lighting plans have been submitted which show light levels meeting City standards.
Architectural Standards: This proposal requires a new Conditional Use Permit replacing the
existing Special Permit. Therefore, the building must be brought into conformance with the
City’s architectural design ordinance requirements. Sam’s Club is proposing to bring the
building into compliance by adding Class I materials (stucco and brick) to both the building
additions and the existing elevations. Some portions of the building are proposed to retain the
existing concrete block, however each elevation meets the ordinance requirement of 60% Class I
materials. Brick pilasters are also proposed on each elevation to meet wall deviation
requirements.
A tire storage area is proposed to be screened with both brick and iron fencing. During the
Planning Commission meeting the applicant stated the iron fenced pieces are proposed to be 4
inches apart to provide ventilation for batteries. The Planning Commission recommended these
pieces be angled to allow adequate ventilation and prevent direct view of storage items when
viewed at a 90 degree angle. A condition has been added to address this recommendation. Since
the Planning Commission meeting the applicant did submit revised architectural drawings
illustrating angled screening on the tire storage area. A similar type of screening was also added
to screen exterior refrigeration equipment, which was previously screened with brick (see the
back elevation on the attached plans). Upon reviewing the revisions, staff recommends the
fencing be prefinished in a color that is consistent with the brick on the lower half of the building
and that the brick columns of this enclosure be one consistent color. Staff is recommending this
as a condition of approval. Staff and the Planning Commission are also recommending as a
condition of approval that all rooftop equipment be screened per ordinance requirements.
The proposed accessory building at the fuel station and canopy support columns comply with the
minimum Class I building material requirements. The amount of brick and glass per elevation is
over 60%. The elevations appear to be consistent with the design and materials used in the
primary building. However, staff would like to review all the building materials and colors to
ensure consistency prior to issuance of a building permit. Bright pure accent colors, such as red,
are limited to 5% of any elevation.
Signs: Sam’s Club is proposing new on-site signage, including a new monument sign, canopy
sign and wall signs identifying Sam’s Club. Staff and the Planning Commission recommend a
sign plan meeting ordinance sign requirements be submitted and approved prior to the issuance
of any sign permits.
• What are the results of the traffic study?
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Page 7
SRF Consulting was hired to complete a traffic study for this proposed expansion project to
determine the traffic impacts on the adjacent roadway system related to the expansion. The
results are summarized below (a copy of the study is attached).
Current Operations Analysis (how traffic currently operates): According to SRF all key
intersections currently operate at an overall LOS (level of service) D or better during the p.m.
peak hours, with existing traffic controls and layouts. On Table 1 (See page 5 of the attached
traffic study) the intersection of Wooddale Avenue and the South Frontage Road is shown to
have a LOS F (based on current location of frontage road). This is based upon the simulation
model used. However, as SRF explains, their field observations indicate that real world
conditions are actually better. This is because drivers on Wooddale Ave. yield to the frontage
road traffic, and motorists are more aggressive in completing their turns. For example, vehicles
on the west leg of the south frontage road who want to make a left onto Wooddale often make a
right-turn during peak hours and then make a U-turn further south along Wooddale. Because the
frontage road intersection currently operates adequately during p.m. peaks and the field
observations are difficult to quantify, SRF recommends using the LOS at TH 7/Wooddale
Avenue as an indicator of the operations at the frontage road intersection. Therefore, this
operates at an LOS D currently.
Future Operations Analysis (traffic forecasts): Typically traffic forecasts are completed for one
year after construction, which in this case would be 2006. However, to be consistent with the
previous Methodist and Park Center traffic studies which were used for background traffic
growth rates, the traffic forecasts were developed for 2007. The Study also assumed a temporary
traffic signal at Lake St/Louisiana Ave. intersection and additional north and southbound left-
turn lanes at TH 7/ Louisiana Ave. The results (taking into account background growth and trip
generation estimates for Sam’s expansion) indicate all key intersections will operate at acceptable
overall levels of service under 2007 p.m. peak hour conditions, with the exception of TH
7/Wooddale Avenue. This intersection is expected to operate at an unacceptable LOS E by 2007.
The Sam’s Club expansion results in approximately 175 additional p.m. peak hour trips at this
intersection (background traffic growth and adjacent development trips account for 625
additional trips).
The previous Methodist and Park Center traffic studies indicated the TH 7/Wooddale Ave.
intersection would fail at some point between 2007 and 2013. The additional traffic estimated
for the Sam’s Club expansion pushes this intersection failure up to the year 2007. SRF
recommends construction of dual northbound left-turn lanes at this intersection to improve peak
hour operations to an acceptable Level of Service. In order to pay for this improvement City staff
is recommending allocating the cost to future redevelopment, including the Sam’s Club
expansion. To determine Sam’s Club equitable share the cost analysis will be based upon the
percentage of site trips traveling through the TH 7/Wooddale intersection (a similar approach
was used to determine Methodists’ cost share for improvements recommended with their
expansion). SRF reviewed the breakdown and indicated Sam’s expansion accounts for
approximately 15% of the traffic volume increase. Staff is currently working with Sam’s Club to
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051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 8
determine the estimated cost of the improvements. This has been addressed in the conditions of
approval.
In their report SRF also indicated that the City should consider relocating the south frontage road
to the south with future redevelopment projects in the area. Please note that under separate
contracts SRF is currently undertaking a detailed analysis of the Wooddale/Hwy 7 intersection
including matters associated with the frontage road realignment, the possibility of a overhead
pedestrian crossing and the redevelopment of the southwest corner of Hwy 7 and Wooddale
(Dworsky property). This study will help determine more specifically the nature of the
improvements required.
TH 7/ Louisiana Avenue Improvements:
For the future operations analysis the traffic study assumed that north and southbound left-turn
lanes would be constructed at Louisiana Ave. and TH 7 and a temporary traffic signal at Lake St.
and Louisiana Ave. would be installed. These improvements are scheduled to be installed this
summer, and a portion of the improvement is being paid for by Methodist as a part of their
expansion project. Because there is projected to be a minimal amount of turning movements at
the intersection of Lake St. and Louisiana Avenue with the Sam’s Club expansion it is not
believed that the expansion would precipitate the need for these improvements. In a recent
phone conversation with SRF it was suggested that the City consider assessing some of the costs
for these improvements to future redevelopment projects which would substantially increase the
use of these intersections, such as redevelopment of the Golden Auto Site or the southwest corner
of Louisiana Ave. and TH 7. Redevelopment of these sites was assumed in the traffic study.
Sam’s Club Driveway:
As stated previously, the proposed relocation of Sam’s Club driveway 50 feet north will slightly
improve the sight distance in the southbound direction along Louisiana Avenue. The relocation
will also align the Sam’s Club driveway with the opposite driveway located west of Louisiana
Avenue, providing safer intersection operations. SRF reviewed the recommendation for the
construction of a northbound right-turn lane along Louisiana Avenue at the Sam’s Club driveway
and indicated it will provide safer operations by separating through and right-turning traffic. It
will also allow easier turning maneuvers for traffic exiting Sam’s Club. Sam’s Club will be
expected to pay for this improvement.
Are there any other issues?
Fire Comments
The Fire Department reviewed the plans to ensure their safety concerns are addressed. These
have been included as conditions of approval. Sam’s Club is proposing that the fuel station will
be attended during operating hours. They are also proposing to construct a 224 square foot
accessory building with an office and bathroom.
The Fire Department provided the following comments:
Sam’s Club Expansion
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 9
1. Fire hydrants shall be located on the southwest and southeast corners of the primary
building. The current hydrant in the center of the south side may be removed.
2. Fire lanes shall be indicated on the approved plans as shown.
Sam’s Club Gas Station
3. All underground tanks and piping shall be of double wall construction.
4. Emergency pump shut off with signage and fire extinguisher shall be located on the south
side of the building next to the emergency phone.
5. Fire extinguisher shall have minimum of a 3A 40BC rating.
6. Dispensing hose nozzle valves shall not be capable of being opened unless the deliver
hose is pressurized. If the pressure to the hose is lost, the nozzle shall close automatically
(OPW 11B nozzle or equivalent).
7. Signs shall be posted on each dispenser stating: No Smoking, Stop Engine and Do not
leave dispenser unattended while fueling. MN Statue 299F.011.
Watershed District Permit: The Minnehaha Creek Watershed District (MCWD) commented that
they will require the project to achieve storm water rate control (1, 10, and 100 year events) for
any new, additional impervious surface, provide 50% phosphorus removal for the site and
implement proposed BMP’s in addition to those required for rate control and water quality
improvements. Staff did receive notice from the MCWD that they are reviewing Sam’s Club
permit application. Staff and the Planning Commission are recommending that evidence of
Watershed District approval be submitted to the City prior to issuance of any permit’s for site
work.
Future Ordinance Amendment:
As stated previously the ordinance currently permits fuel stations as conditional uses within the
IG-General Industrial District. Staff is proposing an ordinance amendment in the near future to
disallow gas stations in the IG District except perhaps as an accessory use to service fleet
industrial uses that have their own fleet vehicles. The developer is aware of this and understand
that the gas station would be become a non-conforming use if the ordinance is adopted.
However, they could request a future Comprehensive Plan amendment and rezoning to correct
the non-conforming status.
Environmental Issues:
The developer submitted a copy of the Environmental Site Assessment and Limited Site
Investigation document prepared for this site. Staff has reviewed the document and it appears
there are no issues that need to be addressed at this time. However, some care will have to be
taken during the demolition activities associated with the Cardinal Glass building to properly
dispose of the asbestos, lead-based paint, and PCB’s in accordance with federal, state and City
regulations. This will be addressed when a demolition permit is obtained.
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Recommendation:
Staff and the Planning Commission recommend approval of the Preliminary and Final Plat,
Conditional Use Permit and an ordinance for the vacation of a portion of the street and utility
easement as described in the staff report subject to the conditions stated in the resolution.
Attachments:
• Proposed resolutions
• Location Map (supplement)
• Traffic Study (supplement)
• Development plans (supplement)
• Planning Commission Minute Excerpts
Prepared by: Julie Grove, Associate Planner
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 11
ORDINANCE NO.___________
AN ORDINANCE VACATING
STREET AND UTILITY EASEMENT ALONG
A PORTION OF THE WEST SIDE OF MONITOR STREET
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. A petition in writing signed by a majority of all of the owners of all property
abutting upon both sides of the street and utility easement proposed to be vacated has been filed. The
notice of said petition has been published, in the St. Louis Park Sailor, on May 6, 2004 and the City
Council has conducted a public hearing upon said petition and has determined that the street and utility
easement is not needed for public purposes, and that it is for the best interest of the public that said street
and utility easement be vacated.
Section 2. The following described street and utility easement, as now dedicated and laid
out within the corporate limits of the City of St. Louis Park, is vacated:
An easement for street, utility purposes over the easterly 10 feet of that part of Lot 2, Block 162,
Rearrangement of St. Louis Park, lying southerly of the northerly line of Lot 11, in said block,
and over that part of vacated Second Street which lies easterly of the westerly line of Lot 1,
Block 164 extended northerly to the southerly line of Lot 16, Block 162
reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across
the described property for storm sewer, sanitary sewer, water main, and public utility purposes.
Section 3. The City Clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Sec.4. This Ordinance shall take effect fifteen days after its publication.
Adopted by the City Council June 7, 2004
Reviewed for Administration
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
04-18-VAC
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RESOLUTION NO.
RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF
Sam’s Club Addition
BE IT RESOLVED BY the City Council of St. Louis Park:
Findings
1. Sam’s Club (Wal-Mart Stores, Inc.), owners and subdividers of the land proposed
to be platted as Sam’s Club Addition have submitted an application for approval of preliminary
and final plat of said subdivision in the manner required for platting of land under the St. Louis
Park Ordinance Code, and all proceedings have been duly had thereunder.
2. The proposed preliminary and final plat has been found to be in all respects
consistent with the City Plan and the regulations and requirements of the laws of the State of
Minnesota and the ordinances of the City of St. Louis Park.
3. The proposed plat is situated upon the following described lands in Hennepin
County, Minnesota, to-wit:
See Attached Legal Description – Exhibit A
Conclusion
1. The proposed preliminary and final plat of Sam’s Club Addition is hereby
approved and accepted by the City as being in accord and conformity with all ordinances,
City plans and regulations of the City of St. Louis Park and the laws of the State of
Minnesota, subject to the following conditions:
A. The site shall be developed, used and maintained in accordance with the conditions of this
resolution, the approved Official Exhibits shall be revised prior to signing to meet the
recommended conditions, and City Code; documents incorporated by reference herein.
B. Before a final plat is signed by the City, the developer shall comply with the following
requirements:
1. Revise title sheet of plat to include a statement regarding dedication of drainage
and utility easements and right-of-way as recommended by staff and approved by
the City Attorney.
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2. Recording of a sidewalk easement as approved by the City Attorney in accordance
with plans approved by the Public Works Director.
3. A development agreement as approved by the City Attorney which covers at a
minimum, sidewalk construction and maintenance; tree replacement including
provisions for replacement of any trees damaged during construction;
reconstruction of Monitor Street; restoration of curbs, boulevards and trails; repair
and cleaning of public streets; off site infrastructure improvements and cost share
formula which may be handled via escrow or future assessments to the property;
and conditions for issuing building permits if plat recording is delayed. The
Mayor and City Manager are authorized to execute this agreement.
4. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of landscaping; tree replacement; restoration of
curbs, boulevards and trails; sidewalk installation, reconstruction of Monitor
Street, and repair/cleaning of public streets, and off-site roadway improvements as
determined by the development agreement.
5. Submit financial security in the form of cash escrow in an amount as determined
in the development agreement to ensure the City receives a reproducible tracing of
the final plat showing evidence of recording; such escrow to be returned upon
receipt of the reproducible tracing (mylar).
6. Vacation documents must be recorded with the County.
7. Reimbursement of City attorney’s fees in drafting/reviewing such documents.
8. Submit cash-in lieu of on-site tree replacement in the amount of $90 per caliper
inch as approved by the Community Development Director and Park &
Recreation Director.
C. Within 6 months of final plat approval by the City Council, or as soon as feasible
thereafter, according to the terms of the development agreement, the subdivider shall record the
final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish
the City Clerk with a print and reproducible tracing of the final plat showing evidence of the
recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data
format.
D. Sam’s Club shall adhere to the Fire Department’s requirements for the building expansion
and fueling facility including:
1. Fire hydrants shall be located on the southwest and southeast corners of the
primary building. The current hydrant in the center of the south side may be
removed.
2. Fire lanes shall be indicated on the approved plans as recommended by the Fire
Marshall.
3. All underground tanks and piping for the fuel facility shall be of double wall
construction.
4. Emergency pump shut off with signage and fire extinguisher shall be located on
the south side of the building fuel facility building next to the emergency phone.
5. Fire extinguisher at the fuel facility shall have minimum of a 3A 40BC rating.
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 14
6. Dispensing hose nozzle valves shall not be capable of being opened unless the
deliver hose is pressurized. If the pressure to the hose is lost, the nozzle shall
close automatically (OPW 11B nozzle or equivalent).
7. Signs shall be posted on each fuel facility dispenser stating: No Smoking, Stop
Engine and Do not leave dispenser unattended while fueling. MN Statue
299F.011.
E. Prior to any site work, the developer shall meet the following requirements:
1. Stormwater design details must be submitted and approved by the Public Works
Director.
2. Final sidewalk construction specifications must be approved by the Public Works
Director.
3. A copy of the Watershed District permit shall be forwarded to the City.
4. Obtain the required demolition permit, erosion control permits, utility permits and
other permits required by the City, which may impose additional conditions.
5. Any other necessary permits from other agencies shall be obtained.
6. Sign Assent form and official exhibits.
7. Meet conditions of City signing final plat.
8. Specifications for tree protection and erosion control fencing must be submitted
and approved by the City Forester. Required tree protection and erosion control
fencing must be installed prior to grading activities.
F. Prior to issuance of a building permit, which may impose additional requirements, the
applicant shall:
1. Meet all Public Works Department/Utility requirements as recommended by staff.
2. Final roadway designs for Monitor Street shall be approved by the Public Works
Director.
3. The developer shall supply the City with copies of all necessary permits from
other governmental agencies or bodies prior to any site work, including the
Minnehaha Creek Watershed District and MPCA.
4. Building and architectural screening materials samples & colors must be
submitted to and approved by Zoning Administrator.
5. Meet any Fire Department emergency access requirements for during
construction.
6. Provide evidence of recording the plat with the County unless waived by the City
according to the terms of the development agreement.
G. The developer shall comply with the following conditions during construction
1. 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.
2. Loud equipment shall be kept as far as possible from residences at all times.
3. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
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4. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
5. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
H. Prior to issuance of any occupancy permit:
1. Fire lanes shall be in accordance with the signed Official Exhibits.
2. Landscaping and irrigation shall be in accordance with the signed Official
Exhibits and approved irrigation plan except that a temporary C of O can be
issued prior to completion of landscaping and irrigation improvements provided
an irrevocable, automatically renewable letter of credit is submitted in the amount
of 125% of all landscaping and irrigation improvements.
3. Exterior building improvements shall be completed in accordance with the signed
Official Exhibits and approved materials and colors except that signs shall be
approved as part of a sign plan.
4. Prior to receiving a Certificate of Occupancy, as-built drawings of the relocated
public utilities shall be submitted to and approved by the Public Works
Department.
I. During operation of any motor fuel station, the developer/property owner shall comply
with the following
1. Outdoor public address systems are prohibited. Intercom systems between pumps
and gas attendant are allowable provided it is not audible from any parcel that is
zoned residential.
2. No outside sales or display shall be permitted except for goods consumed in the
normal operation of a car as specified per the Ordinance. Products shall not be
sold or displayed in any required yard nor shall the total display of any one or
combinations of such products occupy more than 150 square feet in area or more
than 5 feet in height.
J. The developer shall provide the required number of replacement trees on site unless off-
site trees are approved by the Community Development Director and Parks and
Recreation Director and cash-in-lieu of trees have been paid. All plant materials planted
on site shall be from sources within 100 miles of the metro area.
K. Prior to the installation of any signs, including temporary signs or new sign faces, a sign
plan must be approved by the Zoning Administrator and sign permits must be obtained.
L. All roof top equipment must be screened from off site views per Ordinance requirements.
M. Adequate screening is required for the tire/battery storage area to prevent direct views of
storage items when viewed at a 90 degree angle while allowing adequate ventilation.
N. The developer or property owners(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
provided, however, that this approval is made subject to the opinion of the City Attorney
and Certification by the City Clerk.
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2. The City Clerk is hereby directed to supply two certified copies of this
Resolution to the above-named owner and subdivider, who is the applicant herein.
3. The Mayor and City Manager are hereby authorized to execute all
contracts required herein, and the City Clerk is hereby directed to execute the certificate
of approval on behalf of the City Council upon the said plat when all of the conditions set
forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been
fulfilled.
4. Such execution of the certificate upon said plat by the City Clerk, as
required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be
conclusive showing of proper compliance therewith by the subdivider and City officials
charged with duties above described and shall entitle such plat to be placed on record
forthwith without further formality.
The City Clerk is instructed to record certified copies of this resolution in the Office of the
Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Reviewed for Administration: Adopted by the City Council May 17, 2004
City Manager Mayor
Attest:
City Clerk
04-11-S
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 17
Attachment A – Legal Description
Case No. 04-11-S
Parcel 1:
Lots 6, 7, 25, 27, 28 and 29, Block 162, except railroad right of way and Lot 30, Block 162, in
Rearrangement of St. Louis Park, according to the recorded plat thereof on file and of record in
the office of the Register of Deeds, Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No. 247443.
Parcel 2:
Lots 8 and 9, Block 162 except that part thereof lying Northeasterly of a line running parallel to
and distant 20 feet Southwesterly of the following described line:
From a point on the center line of the main belt line track of the Minneapolis and St. Louis and
the Chicago, Milwaukee, St. Paul and Pacific Railroad, distant 25 feet Southerly measured at
right angles from the South Line of Lake Street in St. Louis Park, run Southeasterly along said
centerline of the main belt line track for a distance of 391.5 feet to the point of beginning of line
to be described; thence run Northwesterly on a 10 degrees 00 minutes curve, said curve being
tangent to said center line of main belt line track at said point of beginning for a distance of 200
feet and there terminating.
Lots 10 and 22, except the South 30 feet of said Lots, Block 162;
Lots 23 and 24, Block 162;
That part of the following described property:
Lots 31, 32, and 33, except the South 30 feet of said Lot 33, Block 162 which lies Easterly of the
following described line:
Beginning at a point in the Northerly line of said Lot 31, 59.00 feet Easterly of the Northwest
corner; thence Southerly to a point on the Northerly line of said Lot 33, distant 66.00 feet from its
Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, of said Block
162 distant 61.00 feet from its Northwesterly corner, all in Rearrangement of St. Louis Park,
according to the plat thereof on file or of record in the Office of the Register of Deeds in and for
said Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No. 685499.
Parcel 3:
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Those part of Lots 2, 3, 4, 5, 6, 7, 8, 9, 25, 26, 27, 28 and 29, Block 162, Rearrangement of St.
Louis Park, Hennepin County, Minnesota, described as follows:
Commencing at the most Westerly corner of said Lot 26; thence North 65 degrees 58 minutes 11
seconds East, assumed bearing, along the Northerly line of said Lot 26, a distance of 50.00 feet to
the point of beginning of the tract of land to be described; thence continuing North 65 degrees 58
minutes 11 seconds East, along the Northerly lines of said Lots 26, 3 and 2, a distance of 415.58
feet to an intersection with a line drawn 10 feet Westerly of, measured at a right angle to and
parallel with the Easterly line of said Lot 2; thence South 45 degrees 20 minutes 47 seconds East,
along said parallel line, a distance of 426.30 feet to an intersection with the Easterly extension of
the Southerly line of Lot 10, in said Block 162; thence South 65 degrees 58 minutes 53 seconds
West, along said extended line, a distance of 70.60 feet to the most Easterly corner of said Lot
10; thence North 45 degrees 20 mintues, 47 seconds West, along the Easterly lines of said Lots
10 and 9, a distance of 63.59 feet; thence Northwesterly a distance of 526.51 feet, along a non-
tangential curve concave to the Southwest, having a radius of 552.97 feet, a central angle of 54
degrees 33 minutes 18 seconds and a chord bearing of North 52 degrees 05 minutes 16 seconds
West, to an intersection with the Southerly line of said Lot 26; thence South 65 degrees 58
minutes 11 seconds West, along the Southerly line of said Lot 26, a distance of 89.33 feet to a
point in said Southerly line of Lot 26 distant 26.95 feet Easterly from the most Southerly corner
of said Lot 26; thence North 6 degrees 36 minutes 44 seconds East, a distance of 57.65 feet to the
point of beginning.
And
(Per Certificate of Title No. 759146)
Par 1: That part of Lot 2, Block 162, “Rearrangement of St. Louis Park” lying South of the
North line of Lot 11 in said Block extended East together with all that part of the Northerly Half
of Second Street vacated lying West of the West line of Monitor Street and Easterly of a line
which is parallel to and 25 feet Southwesterly at right angles from the center line of the spur track
of the Minneapolis & St. Louis Railroad Company and the Chicago, Milwaukee, St. Paul &
Pacific Railroad Company.
Par 2: The South 30 feet of Lots 10 and 22 (as measured at right angles to the South line of said
Lots 10 and 22); and that part of the South 30 feet of Lot 33 (as measured at right angles to the
South line of said Lot 33) which lies Easterly of the following described line: Beginning at a
point on the Northerly line of Lot 33, distant 66 feet (as measured along the Northerly line of said
Lot 33) Easterly from its Northwesterly corner; thence Southerly to a point on the Northerly line
of Lot 35, distant 61 feet (as measured along the Northerly line of said Lot 35) Easterly from its
Northwesterly corner and there terminating; except the South 10 feet of the West 10 feet of said
part of Lot 33, Block 162, Rearrangement of St. Louis Park.
Par 3: Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162;
That part of the following described property:
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
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Lots 17, 34, 35, 36, 37 and 38 Block 162;
All of Block 164;
All of the Southerly ½ of Second Street vacated lying between extensions across it of the Easterly
line of Lot 1 and the Westerly line of Lot 17 of said Block 164, and all of the Northerly ½ of
Second Street vacated, lying East of an extension across it of the West line of said Lot 17 and
West of a line across said strip of land which is parallel to and 25 feet Southwesterly at right
angles from the center line of spur track of the Minneapolis & St. Louis Railroad Company and
Chicago, Milwaukee, St. Paul and Pacific Railroad Company, which lies easterly of the
following described line: Beginning at a point on the Northerly line of Lot 33, Block 162, distant
66.00 feet from its Northwesterly corner, thence Southerly to a point on the Northerly line of said
Lot 35, distant 61.00 feet from its Northwesterly corner, thence Southerly to a point on the
Southerly line of said Lot 17, Block 162, distant 81.00 feet from its Southwesterly corner, thence
Southerly to a point on the Northerly line of Lot 16, Block 164, distant 21.00 feet from its
Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 16, distant
14.00 feet from its Southwesterly corner.
Except the North 10 feet of the West 10 feet of that part of Lot 34, Block 162, lying Easterly of
the above described line, all in Rearrangement of St. Louis Park.
St. Louis Park City Council Meeting
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Page 20
RESOLUTION NO. _____
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTIONS 36-194(d)(12) AND 36-194(d)(12) OF THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING TO PERMIT AN BUILDING
AND PARKING LOT EXPANSION TO SAM’S CLUB AND
CONSTRUCTION OF A MEMBER’S ONLY FUEL STATION FOR
PROPERTY ZONED C-2 NEIGHBORHOOD COMMERCIAL AND I-G
GENERAL INDUSTRIAL DISTRICTS LOCATED AT 3745 LOUISIANA AVE
AND 7115 LAKE STREET
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. Sam’s Club (Wal Mart Stores, Inc.) has made application to the City Council for a
Conditional Use Permit under Section 36-194(d)(12) and 36-194(d)(12) of the St. Louis Park
Ordinance Code for the purpose of permitting an expansion to Sam’s Club building and parking
lot, and construction of a member’s only fuel facility within a C-2 Neighborhood Commercial
and I-G General Industrial Districts located at 3745 Louisiana Ave. S. and 7115 Lake Street for
the legal description as follows, to-wit:
See Attached Legal Description – Exhibit A
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 04-08-CUP) and the effect of the proposed building and parking lot
expansion and new fuel facility on the health, safety and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, the effect on values of properties
in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with
the intent of the Zoning Ordinance.
3. The Council has determined that the building and parking lot expansion and new fuel
facility will not be detrimental to the health, safety, or general welfare of the community nor
will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding
property values, and the proposed expansions and fuel facility is in harmony with the general
purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 04-08-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
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Page 21
The Conditional Use Permit to permit permitting an expansion to Sam’s Club building and
parking lot, and construction of a member’s only fuel facility at the location described is
granted based on the findings set forth above and subject to the following conditions:
1. The site shall be developed, used and maintained in accordance with the conditions of
this resolution, the approved Official Exhibits shall be revised prior to signing to meet the
recommended conditions, and City Code; documents incorporated by reference herein.
2. Sam’s Club shall adhere to the Fire Department’s requirements for the building expansion
and fueling facility including:
a. Fire hydrants shall be located on the southwest and southeast corners of the
primary building. The current hydrant in the center of the south side may be
removed.
b. Fire lanes shall be indicated on the approved plans as recommended by the Fire
Marshall.
c. All underground tanks and piping for the fuel facility shall be of double wall
construction.
d. Emergency pump shut off with signage and fire extinguisher shall be located on
the south side of the building fuel facility building next to the emergency phone.
e. Fire extinguisher at the fuel facility shall have minimum of a 3A 40BC rating.
f. Dispensing hose nozzle valves shall not be capable of being opened unless the
deliver hose is pressurized. If the pressure to the hose is lost, the nozzle shall
close automatically (OPW 11B nozzle or equivalent).
g. Signs shall be posted on each fuel facility dispenser stating: No Smoking, Stop
Engine and Do not leave dispenser unattended while fueling. MN Statue
299F.011.
3. Prior to any site work, the developer shall meet the following requirements:
a. Stormwater design details must be submitted and approved by the Public Works
Director.
b. Final sidewalk construction specifications must be approved by the Public Works
Director.
c. A copy of the Watershed District permit shall be forwarded to the City.
d. Obtain the required demolition permit, erosion control permits, utility permits and
other permits required by the City, which may impose additional conditions.
e. Any other necessary permits from other agencies shall be obtained.
f. Sign Assent form and official exhibits.
g. Meet conditions of City signing final plat.
h. Specifications for tree protection and erosion control fencing must be submitted
and approved by the City Forester. Required tree protection and erosion control
fencing must be installed prior to grading activities.
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 22
4. Prior to issuance of a building permit, which may impose additional requirements, the
applicant shall:
a. Meet all Public Works Department/Utility requirements as recommended by staff.
b. Final roadway designs for Monitor Street shall be approved by the Public Works
Director.
c. The developer shall supply the City with copies of all necessary permits from
other governmental agencies or bodies prior to any site work, including the
Minnehaha Creek Watershed District and MPCA.
d. Building and architectural screening materials samples & colors must be
submitted to and approved by Zoning Administrator.
e. Meet any Fire Department emergency access requirements for during
construction.
f. Provide evidence of recording the plat with the County unless waived by the City
according to the terms of the development agreement.
5. 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.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
6. Prior to issuance of any occupancy permit:
a. Fire lanes shall be in accordance with the signed Official Exhibits.
b. Landscaping and irrigation shall be in accordance with the signed Official
Exhibits and approved irrigation plan except that a temporary C of O can be
issued prior to completion of landscaping and irrigation improvements provided
an irrevocable, automatically renewable letter of credit is submitted in the amount
of 125% of all landscaping and irrigation improvements.
c. Exterior building improvements shall be completed in accordance with the signed
Official Exhibits and approved materials and colors except that signs shall be
approved as part of a sign plan.
d. Prior to receiving a Certificate of Occupancy, as-built drawings of the relocated
public utilities shall be submitted to and approved by the Public Works
Department.
7. During operation of any motor fuel station, the developer/property owner shall comply
with the following
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 23
a. Outdoor public address systems are prohibited. Intercom systems between pumps
and gas attendant are allowable provided it is not audible from any parcel that is
zoned residential.
b. No outside sales or display shall be permitted except for goods consumed in the
normal operation of a car as specified per the Ordinance. Products shall not be
sold or displayed in any required yard nor shall the total display of any one or
combinations of such products occupy more than 150 square feet in area or more
than 5 feet in height.
8. The developer shall provide the required number of replacement trees on site unless off-
site trees are approved by the Community Development Director and Parks and
Recreation Director and cash-in-lieu of trees have been paid. All plant materials planted
on site shall be from sources within 100 miles of the metro area.
9. Prior to the installation of any signs, including temporary signs or new sign faces, a sign
plan must be approved by the Zoning Administrator and sign permits must be obtained.
10. All roof top equipment must be screened from off site views per Ordinance requirements.
11. Adequate screening is required for the tire/battery storage area to prevent direct views of
storage items when viewed at a 90 degree angle while allowing adequate ventilation.
12. The developer or property owners(s) shall pay an administrative fine of $750 per
violation of any condition of this approval.
Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the
building or structure for which the conditional use permit is granted is removed.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of a building permit.
Approval of a Building Permit, which may impose additional requirements.
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 May 17, 2004
City Manager Mayor
Attest:
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 24
City Clerk
04-08-CUP
Attachment A: Legal Description
Case No. 04-08-CUP
Parcel 1:
Lots 6, 7, 25, 27, 28 and 29, Block 162, except railroad right of way and Lot 30, Block 162, in
Rearrangement of St. Louis Park, according to the recorded plat thereof on file and of record in
the office of the Register of Deeds, Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No. 247443.
Parcel 2:
Lots 8 and 9, Block 162 except that part thereof lying Northeasterly of a line running parallel to
and distant 20 feet Southwesterly of the following described line:
From a point on the center line of the main belt line track of the Minneapolis and St. Louis and
the Chicago, Milwaukee, St. Paul and Pacific Railroad, distant 25 feet Southerly measured at
right angles from the South Line of Lake Street in St. Louis Park, run Southeasterly along said
centerline of the main belt line track for a distance of 391.5 feet to the point of beginning of line
to be described; thence run Northwesterly on a 10 degrees 00 minutes curve, said curve being
tangent to said center line of main belt line track at said point of beginning for a distance of 200
feet and there terminating.
Lots 10 and 22, except the South 30 feet of said Lots, Block 162;
Lots 23 and 24, Block 162;
That part of the following described property:
Lots 31, 32, and 33, except the South 30 feet of said Lot 33, Block 162 which lies Easterly of the
following described line:
Beginning at a point in the Northerly line of said Lot 31, 59.00 feet Easterly of the Northwest
corner; thence Southerly to a point on the Northerly line of said Lot 33, distant 66.00 feet from its
Northwesterly corner; thence Southerly to a point on the Northerly line of Lot 35, of said Block
162 distant 61.00 feet from its Northwesterly corner, all in Rearrangement of St. Louis Park,
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 25
according to the plat thereof on file or of record in the Office of the Register of Deeds in and for
said Hennepin County, Minnesota.
Registered Property, as evidenced by Certificate of Title No. 685499.
Parcel 3:
Those part of Lots 2, 3, 4, 5, 6, 7, 8, 9, 25, 26, 27, 28 and 29, Block 162, Rearrangement of St.
Louis Park, Hennepin County, Minnesota, described as follows:
Commencing at the most Westerly corner of said Lot 26; thence North 65 degrees 58 minutes 11
seconds East, assumed bearing, along the Northerly line of said Lot 26, a distance of 50.00 feet to
the point of beginning of the tract of land to be described; thence continuing North 65 degrees 58
minutes 11 seconds East, along the Northerly lines of said Lots 26, 3 and 2, a distance of 415.58
feet to an intersection with a line drawn 10 feet Westerly of, measured at a right angle to and
parallel with the Easterly line of said Lot 2; thence South 45 degrees 20 minutes 47 seconds East,
along said parallel line, a distance of 426.30 feet to an intersection with the Easterly extension of
the Southerly line of Lot 10, in said Block 162; thence South 65 degrees 58 minutes 53 seconds
West, along said extended line, a distance of 70.60 feet to the most Easterly corner of said Lot
10; thence North 45 degrees 20 mintues, 47 seconds West, along the Easterly lines of said Lots
10 and 9, a distance of 63.59 feet; thence Northwesterly a distance of 526.51 feet, along a non-
tangential curve concave to the Southwest, having a radius of 552.97 feet, a central angle of 54
degrees 33 minutes 18 seconds and a chord bearing of North 52 degrees 05 minutes 16 seconds
West, to an intersection with the Southerly line of said Lot 26; thence South 65 degrees 58
minutes 11 seconds West, along the Southerly line of said Lot 26, a distance of 89.33 feet to a
point in said Southerly line of Lot 26 distant 26.95 feet Easterly from the most Southerly corner
of said Lot 26; thence North 6 degrees 36 minutes 44 seconds East, a distance of 57.65 feet to the
point of beginning.
And
(Per Certificate of Title No. 759146)
Par 1: That part of Lot 2, Block 162, “Rearrangement of St. Louis Park” lying South of the
North line of Lot 11 in said Block extended East together with all that part of the Northerly Half
of Second Street vacated lying West of the West line of Monitor Street and Easterly of a line
which is parallel to and 25 feet Southwesterly at right angles from the center line of the spur track
of the Minneapolis & St. Louis Railroad Company and the Chicago, Milwaukee, St. Paul &
Pacific Railroad Company.
Par 2: The South 30 feet of Lots 10 and 22 (as measured at right angles to the South line of said
Lots 10 and 22); and that part of the South 30 feet of Lot 33 (as measured at right angles to the
South line of said Lot 33) which lies Easterly of the following described line: Beginning at a
point on the Northerly line of Lot 33, distant 66 feet (as measured along the Northerly line of said
Lot 33) Easterly from its Northwesterly corner; thence Southerly to a point on the Northerly line
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 26
of Lot 35, distant 61 feet (as measured along the Northerly line of said Lot 35) Easterly from its
Northwesterly corner and there terminating; except the South 10 feet of the West 10 feet of said
part of Lot 33, Block 162, Rearrangement of St. Louis Park.
Par 3: Lots 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21, Block 162;
That part of the following described property:
Lots 17, 34, 35, 36, 37 and 38 Block 162;
All of Block 164;
All of the Southerly ½ of Second Street vacated lying between extensions across it of the Easterly
line of Lot 1 and the Westerly line of Lot 17 of said Block 164, and all of the Northerly ½ of
Second Street vacated, lying East of an extension across it of the West line of said Lot 17 and
West of a line across said strip of land which is parallel to and 25 feet Southwesterly at right
angles from the center line of spur track of the Minneapolis & St. Louis Railroad Company and
Chicago, Milwaukee, St. Paul and Pacific Railroad Company, which lies easterly of the
following described line: Beginning at a point on the Northerly line of Lot 33, Block 162, distant
66.00 feet from its Northwesterly corner, thence Southerly to a point on the Northerly line of said
Lot 35, distant 61.00 feet from its Northwesterly corner, thence Southerly to a point on the
Southerly line of said Lot 17, Block 162, distant 81.00 feet from its Southwesterly corner, thence
Southerly to a point on the Northerly line of Lot 16, Block 164, distant 21.00 feet from its
Northwesterly corner, thence Southerly to a point on the Southerly line of said Lot 16, distant
14.00 feet from its Southwesterly corner.
Except the North 10 feet of the West 10 feet of that part of Lot 34, Block 162, lying Easterly of
the above described line, all in Rearrangement of St. Louis Park.
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 27
Unofficial Minutes - Excerpts
Planning Commission
April 21, 2004
B. Case Nos. 04-08-CUP, 04-11-S, 04-18-VAC—Sam’s Club (Wal Mart) is requesting
approval of preliminary and final plat, a conditional use permit and street and utility
easement vacation to permit development of an expansion to the Sam’s Club building, an
expanded parking lot, and construction of a members only fuel facility – 3745 Louisiana
Ave. & 7115 Lake Street
Ms. Jeremiah presented the staff report for Ms. Groves, who did the analysis.
Ms. Jeremiah stated that questions about easements need to be rectified prior to signing the final
plat. Public Works had comments on grading and utility plans that will have to be resolved prior
to site work.
Ms. Jeremiah commented that as Monitor Street is in very poor condition, upgrading is
recommended as part of development. The Sam’s Club entrance is proposed to be 50’ to the
north to line up to curb cut to west, seen as an improvement to sight distances. Public Works and
SRF did a traffic study, recommending a right turn lane constructed into Louisiana entrance.
Ms. Jeremiah said tree replacement requirements need to be met to accommodate the proposal,
and there is difficulty putting enough trees on site to meet the requirements to accommodate
expansion. Discussions have taken place with Park & Recreation regarding cash in lieu of trees,
which can be done per ordinance. This is not finalized, as more trees are recommended.
Ms. Jeremiah stated that there is a timing issue before recording of the final plat. Condition No.
4 should say “within 6 months, not within 60 days, of final plat approval, the subdivider must
record final plat.” She said the developer is concerned with delays in recording of the final plat.
Staff is comfortable with some latitude, as conditions in the development agreement, which will
be addressed before building permits are issued. This could affect Conditions 3 c., and 4, which
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 28
could be rephrased to “allow some latitude providing any change from 6 months and in
accordance with terms of development agreement.”
Ms. Jeremiah said a change to Condition No. 7 would add item f, stating “prior to issuance of a
building permit they would need to either provide evidence of recording plat with county or
subscribing to the conditions of the development agreement for waiver of that condition.”
Commissioner Gothberg asked how much of an increase the traffic study showed Ms. Cote,
SRF, responded that the study estimated 270 additional trips, including 135 trips in and 135 trips
out during PM peak hour.
Commissioner Morris asked for clarification of the elevations, as to how the new building is
oriented. Dave Sellergren, on behalf of Sam’s Club, said there is no rear entry. He said what
Commissioner Morris mistook to be a rear entry is an ornamental iron fence for an enclosure for
tire storage and other auto accessories. Commissioner Morris wondered about a loading area on
the SE corner. Mr. Sellergren said it was a customer orientation area.
Chair Robertson wanted clarification on parking and tree replacement, specifically the islands on
north end of parking lot with no trees. He wondered if a few parking spaces could be lost to
accommodate trees. Ms. Jeremiah said two spaces can be lost to take on some trees, the
differences in the numbers were primarily in regards to warehousing space, which isn’t parked
very highly. But, Ms. Grove will take a look and discuss with applicant where to get more
landscaping. Ms. Jeremiah said the lot does appear to be uninterrupted parking, and it is the
City’s goal to get as much landscaping and tree replacement as possible.
Commissioner Johnston-Madison wondered if the cart corrals will affect tree replacement. Ms.
Jeremiah said that the cart corrals are not shown, but a certain number of parking spaces will be
lost to cart corrals.
Dave Sellergren, representing the applicant, introduced Sam’s Club consultants and staff. He
said they are anxious to upgrade the facility, to develop the property, and will work very hard to
find additional landscaping areas. He said he appreciates the Chair’s concern about trees. The
applicant does not think there is a way to save more trees, due to the way the building sits on the
site. One of the objectives is to address storage issues.
Commissioner Morris asked about the intercom, which is manned by an attendant. He asked if
there is a berm around the outside perimeter of the fueling station of Monitor and Lake Street.
Mr. Sellergren said it is to be just landscaped.
Commissioner Carper had a question about the tire storage enclosure, asking if it allowed for
visual inspection of discarded batteries and tires. Mr. Sellergren responded that the vertical iron
pieces are 4” apart to provide ventilation for the batteries, so there is some ability to see into the
enclosure. He stated that more could be done with angled design to prevent that from
happening.
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 29
Chair Robertson opened the public hearing. No one stepped forward wishing to speak. The
Chair closed the public hearing.
Commissioner Morris asked about the design of cart corrals.
Ms. Jeremiah responded that for shopping centers over 200,000 square feet, cart corrals are to be
curbed, landscaped islands. This is not required for smaller uses like the proposed project.
Mr. Sellergren replied if an upgrade is required, Sam’s Club probably has choices, if the Planning
Commission would indicate its preferences short of a landscaping curbed island. Commissioner
Morris wondered if the parking lot area on the Lake Street Side is broken up with ground cover,
green, or rock. Mr. Sellergren responded there are concrete stops, and no ground cover. Perhaps
extra landscaping could be in end stops, or into the parking field, but they are making a choice
due to lack of room. Commissioner Morris discussed loss of landscaping to parking lots.
Commissioner Morris made a recommendation for more evergreens for landscape screening of
the property.
Ms. Jeremiah said Commissioner Morris is correct, the applicant is not meeting the minimum
20% evergreen requirements. Mr. Sellergren said they were open to increasing the number of
evergreens.
Commissioner Timian asked for information about traffic flow and pedestrian movement from
the side lot to main store entrance. Commissioner Morris noted there has always been a conflict
between vehicles and shoppers, people in the drive aisle with carts. He asked for a description of
the new entry and pedestrian movement around the traffic.
Mr. Sellergren indicated the primary entry is further to the east than currently exists. He
remarked that the current store is grossly under parked, and they are confident that by adjusting
the entrance northerly, providing right hand turn lanes, moving the entry point around to north,
giving enough space to turn into parking field, will change the flow.
Ms. Jeremiah discussed a proof of parking ordinance, which allows the developer to pave and
stripe only 90% of the requirement, as has been done in other centers, and sometimes after proof
of parking this allowed them to go back and pave areas where needed, and others have been
retained as landscaping for a few years. Mr. Sellergren mentioned he believed they need every
parking space, and will find additional parking. He did not believe they would cover parking
with green space.
Commissioner Morris asked what development is considered for the opposite side of Monitor.
Ms. Jeremiah responded that a developer is looking at the site. The proposal is for an office
warehouse, light manufacturing, and more industrial in character.
St. Louis Park City Council Meeting
051704 - 6a - Sam's Club Plat, CUP, & Utility Vacation
Page 30
Commissioner Gothberg made a motion to recommend approval of the preliminary and final plat
and conditional use permit subject to conditions as recommended by staff with the additions and
changes discussed in language to Condition No. 3 c., Condition No. 4 and the additional
condition of 7 f. relative to plat recording as recommended by Ms. Jeremiah. Also, with respect
to Condition 10 a. that states, “outdoor public address systems are prohibited” – to add “intercom
system at the fueling station is approved.” He also wishes to pass on to the City Council that
more green is preferred if enough parking spaces are available.
Second part of the motion is to recommend approval of an ordinance vacating a portion of the
street and utility easement as described in the staff report.
Commissioner Carper offered a friendly amendment: An additional requirement regarding the
screening. It is proposed to say, “require adequate screening of the tire/ battery storage area to
prevent direct view of storage items when viewed at a 90% angle, while allowing adequate
ventilation.” Mr. Gothberg accepted the friendly amendment. The motion passed 7-0.
Location Map
MOUND STHAMPSHI
RE AVEM
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ANA AVE
SEDGEWOOD AVE S W
TAFT AVE SSOUTH
OAK
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L a k e S tTH 7
7 1 1 5 L a k e S tC a rd in a l G la s s
3745 Louisiana Ave Sam's Club
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 1
6b. Public Hearing to Consider Reallocation of 2002 Community Development Block
Grant Funds
Resolution approving a proposed reallocation of $226,133 of 2002 Urban Hennepin
County CDBG Funds and authorizing execution of Subrecipient Agreement with
Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving reallocation of $226,133 of 2002 Urban
Hennepin County Community Development Block Grant funds,
and authorizing execution of Subrecipient Agreement with
Hennepin County and any related Third Party Agreements
Background:
At the Public Hearing on March 1, 2004, the Council approved the proposed use of 2004 CDBG
funds, the reallocation of 2002 funds and authorized execution of a Subrecipient Agreement with
Hennepin County and any related Third Party Agreements
Hennepin County staff has since informed staff that an administrative requirement to publish a
public hearing notice specific to a reallocation over $100,000 is necessary. The March 1, 2004
public hearing notice followed standard format addressing the proposed activities for the 2004
funds, but did not include language regarding the reallocation of 2002 funds. Therefore a notice,
public hearing and resolution specific to the reallocation is required.
Recap of Reallocation of 2002 Funds
At the Study Session of February 23, 2004, the City Council reviewed the proposed reallocation
of 2002 grant year funds in the amount of $237,433 to ensure expenditure of funds within the
2002 grant year timeframe. At the March 1, 2004 Public Hearing the Council approved the
following proposed activities and amounts.
• The 2002 funds from scattered site acquisition/demo ($237,433) will be reallocated for:
• Wayside House Improvements ($45,200)
• Single Family Rehabilitation Deferred Loans, ($137,033),
• Social Service Coordinator at Hamilton House ($4,000) and TRAILS Self Sufficiency
Program ($7,300),
• and Single Family Emergency Repair Program ($43,900).
An administrative change to reprogram, versus reallocate, the $11,300 proposed for the Social
Service Coordinator at Hamilton House and TRAILS allows more expedient use of funds.
Consequently the total reallocation amount is being reduced from $237,433 to $226,133 – the
difference being the $11,300 reprogrammed funds. The net result of this is that the proposed
projects and dollar amounts remains the same as originally approved on March 1, 20004.
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 2
Next Steps:
Upon passage of the Resolution, third party agreements with providers will be executed as
authorized.
Recommendation:
Motion to adopt the Resolution approving the proposed reallocation of 2002 funds, and
authorizing execution of Subrecipient Agreement with Hennepin county and any related Third
Party Agreements.
Attachments: Resolution
March 1, 2004 staff report regarding CDBG Public Hearing.
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 3
RESOLUTION NO. 04-060
RESOLUTION APPROVING PROPOSED AMENDMENT TO THE URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR REALLOCATION OF 2002 FUNDS AND AUTHORIZING EXECUTION OF SUB
RECIPIENT AGREEMENTS WITH HENNEPIN COUNTY AND ANY THIRD PARTY
AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant program; and
WHEREAS, the City of St. Louis Park will reallocate $226,133 of the 2002 CDBG funds
allocated to the scattered site acquisition activity to the single family emergency repair program,
the Wayside House renovations and the single family rehab deferred loan program.
WHEREAS, the City of St. Louis park held a public hearing on May 17, 2004 to obtain
the views of citizens on local and urban Hennepin County housing and community development
needs and priorities for the City’s proposed reallocation of $226,133 from the 2002 Urban
Hennepin County Community Development Block Grant.
BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the
reallocation of Community Development Block Grant funds by reallocating 2002 funds as follows:
$226,133 from the scattered site acquisition project, to approved existing projects: single family
emergency repair program, $43,900, Wayside House $45,200 single family rehab deferred loan
program $137,033.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
Mayor and its City Manager to any required Third Party Agreements on behalf of the City to
implement the reallocation of 2002 CDBG program funds.
Reviewed for Administration:
Adopted by the City Council May 17, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 4
St. Louis Park City Council Meeting
March 1, 2004
030104 - 6a - Public Hearing 2004 CDBG Allocation.doc
6a. Public Hearing to Consider Allocation of 2004 Community Development Block
Grant Funds
Resolution approving the proposed use of $240,406 of 2004 Urban Hennepin County
CDBF Funds, reallocation of 2002 funds, and authorizing execution of Subrecipient
Agreement with Hennepin County and any related Third Party Agreements.
Recommended
Action:
Mayor to close the public hearing. Motion to adopt the
Resolution approving proposed use of funds for 2004 Urban
Hennepin County Community Development Block Grant funds,
reallocation of 2002 funds, and authorizing execution of
Subrecipient Agreement with Hennepin County and any related
Third Party Agreements
Background:
The City will receive approximately $240,406 in federal CDBG funds in 2004 through Hennepin
County. The national objectives of the program are:
• Benefit low and moderate-income persons (moderate is defined as up to 80% of median
income or $54,400 for a family of four, and low is defined as up to 50% of median income or
$38,450 for a family of four in 2003).
• Prevention or elimination of slum or blight.
• Meet a particular urgent community development need.
Over the past several years, the City Council has focused CDBG funds to support capital hard
cost activities (sticks and bricks) with a small portion for multifamily related support services.
The emphasis has been to address improvements to the housing stock for low-income families,
both single-family owners and multifamily tenants.
2004 CDBG Allocation of Funding:
The City is expected to receive $240,406 in 2004 CDBG funds. As was discussed during the
City Council study session on February 23, 2004 the proposed funding allocations would
continue the Council’s focused approach for expending CDBG funds and meet the program’s
national objectives. During the study session the Council also indicated that, in the future,
alternate sources of funding should be pursued to assist in funding the TRAIL’s program. The
Housing Authority of St. Louis Park discussed the proposed allocation at its February 11, 2004
Board meeting.
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 5
Based on the February 23, 2004 study session discussion, the Council is asked to approve the
following use of 2004 Community Development Block Grant funds. Additional detailed
information regarding the proposed allocation is provided in the attached staff memo from the
February 23, 2004, study session.
Activity Budget
Multifamily Rehab - Perspectives $57,500
Single Family Emergency Repair Program $45,500
Scattered Site Acquisition $62,506
Public Service
Hamilton House Social Service Coordinator $3,900
TRAILS – Family Self Sufficiency Program $13,500
St. Louis Park Emergency Program - Site Acquisition $57,500
Total $240,406
Reallocation of 2002 Funds
At the Study Session of February 23, 2004, the City Council reviewed the proposed reallocation
of 2002 grant year funds in the amount of $237,433 to ensure expenditure of funds within the
2002 grant year timeframe.
• The 2002 funds from scattered site acquisition/demo ($237,433) will be reallocated to the
Wayside House Improvements ($45,200), Single Family Rehabilitation Deferred Loans,
($137,033), Social Service Coordinator at Hamilton House ($4,000) and TRAILS Self
Sufficiency Program ($7,300), and Single Family Emergency Repair Program ($43,900).
Next Steps:
After the public hearing on March 1, 2004, and authorization of the proposed CDBG funding by
the Council, staff will submit the Request for Funding to Hennepin County.
Recommendation:
Motion to adopt the Resolution approving the proposed use of 2004 Urban Hennepin County
Community Development Block Grant funds and proposed reallocation of 2002 funds, and
authorizing execution of Subrecipient Agreement with Hennepin county and any related Third
Party Agreements.
Attachments: Resolution
February 23, 2004 Study Session Memo regarding CDBG Funds for 2004
Prepared by: Kathy Larsen, Housing Programs Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 6
St. Louis Park City Council Meeting
March 1, 2004
030104 - 6a - Public Hearing 2004 CDBG Allocation.doc
RESOLUTION NO. 04-032
RESOLUTION APPROVING PROPOSED USE OF FUNDS FOR 2004
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FUNDS, REALLOCATION OF 2002 FUNDS,
AND
AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS
WHEREAS, the City of St. Louis Park, through execution of a Joint Cooperation
Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community
Development Block Grant program; and
WHEREAS, the City of St. Louis Park developed a proposal for the use of 2004 Urban
Hennepin County CDBG funds made available to it; and
WHEREAS, the City of St. Louis park held a public hearing on March 1, 2004 to obtain
the views of citizens on local and urban Hennepin County housing and community development
needs and priorities for the City’s proposed use of $240,406 from the 2004 Urban Hennepin
County Community Development Block Grant.
BE IT RESOLVED, that the City Council of St. Louis Park approves the following
projects for funding from the 2004 Urban Hennepin County Community Development Block
Grant Program and authorizes submittal of the proposal to Hennepin County.
Activity Budget
Multifamily Rehab - Perspectives $57,500
Single Family Emergency Repair Program $45,500
Scattered Site Acquistion $62,506
Hamilton House Social Service Coordinator & TRAILS
Family Self Sufficiency Program
$17,400
St. Louis Park Emergency Program - Site Acquisition $57,500
Total $240,406
BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota approves the
reallocation of Community Development Block Grant funds by reallocating 2002 funds as follows:
$237,433 from the scattered site acquisition project, to approved existing projects: single family
emergency repair program, $43,900, Wayside House $45,200 single family rehab deferred loan
program $137,033 and Public Service at Hamilton House and TRAILS Self Sufficiency program
$11,300.
St. Louis Park City Council Meeting
051704 - 6b - Reallocation of 2002 CDBG Funds
Page 7
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
Mayor and its City Manager to execute a Subrecipient Agreement and any required Third Party
Agreements on behalf of the City to implement the 2004 CDBG program.
Reviewed for Administration:
Adopted by the City Council March 1, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 1
8a. Resolution approving changes to the Personnel Manual in sections relating to
Fire Shift Supervisors: Fire Captain
Recommended
Action:
Motion to adopt resolution approving sections relating to fire
shift supervisors: fire captain in the Personnel Manual
Background
In 2001, the City Council approved various policies which were incorporated into the St. Louis
Park Personnel Manual. At the time of approval, Section 20 was written for the position of Shift
Supervisors: Battalion Chief in our Fire Department.
Over the past several years, Fire Chief Stemmer has restructured the department and work
schedules. The Fire Battalion Chief position now works a day schedule, and this section no
longer applies to Battalion Chief.
New Fire Organizational structure:
This section was submitted by Fire Chief Luke Stemmer:
The Fire department needs to make a change to the organizational structure of the supervisory
staff. In 2003, we changed the schedule of Battalion Chiefs from shift supervisors working at
each station to handling more administrative management functions in the fire office. With this
change, comes a need for shift supervisors. It was determined that a new position of Fire
Captain, with full supervisory authority, be created to work shifts.
It is planned that we will have 3 Fire Captain positions. The Fire Captain will be responsible for
the supervision and readiness of the personnel, vehicles and equipment assigned. The Fire
Captain will receive direction from and reports to a Battalion Chief. The Fire Captain is
responsible for and reports on all shift or work group activities, performance and
accomplishments. During emergencies, the Fire Captain will assume command until relieved by
a superior officer and will direct emergency operations as assigned by command.
Funds are available for this change in the organization utilizing existing dollars. By restructuring
the Battalion Chief position and the Deputy Chief position, we are able to redirect funds to create
the Fire Captain positions without a budget increase. With these being internal promotions,
additional personnel will only need to be hired to fill the positions vacated by the promotion.
The addition of Fire Captains to our structure will not increase overall staffing levels.
We have met with Fire Civil Service on the Fire Captain position and received all necessary
approvals from this commission as needed for recruitment.
In order for us to move ahead, changes are needed in our personnel manual spelling out the terms
and conditions of this shift supervisor position.
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 2
New position Fire Captain
The new position of Fire Captain will supervise shift employees and work 24 hour shifts. Under
the new FLSA regulations, it appears the Fire Captain is eligible for overtime. Our Fire Captain
is supervisory and will have the authority to effectively recommend hiring, transfer, suspension,
promotions, discharge, reward or discipline other employees, direct work of other employees or
adjust other employees’ grievances on behalf of the employer.
Policy changes needed
With the new position of Fire Captain, we need to add language to our personnel manual which
relates to their position. Our Fire Captains will be classified as an exempt employee and follow
such provisions in the personnel manual except that this position will receive overtime in
accordance with the new FLSA regulations. Also, since our Battalion Chiefs no longer work
shifts, we need to delete the outdated language in the personnel manual. Listed below is the new
recommended policy language for Fire Captains who work 24 hour shifts:
Fire Department Shift Supervisors: Fire Captain
General rule
Shift supervisors generally work 24 hour shifts, unless otherwise determined by the fire
chief. Schedules are determined by the fire chief. Shift supervisors currently work 56
hours a week which gives a 1.4 relationship (56/40 = 1.4). The general rule to use for
conversions is the 1.4 ratio.
Flex leave – Fire department shift supervisors
Fire department shift supervisors working 24 hour shifts have a flex leave accrual based
on the flex leave program for day employees. Shift supervisors benefits are determined
by the relationship between their hours worked per week and a 40 hour work week.
Currently, shift supervisors work 56 hours a week which gives a 1.4 relationship (56/40 =
1.4). The accrual amount for shift supervisors, based on years of employment with the
city is as follows:
A. Fire department shift supervisors flex leave accrual
Years of service Hours off
Start through 4 269
5 through 10 325
11 336
12 347
13 358
14 370
15 381
B. Flex leave cap
Fire department shift supervisors may carry over two times your annual flex leave
accrual plus 224 hours as of the first pay day in September of each year. Flex
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 3
leave above the cap will be forfeited.
Flex leave
years of service
First pay day in September
Accumulation cap in hours
Start through 4 762
5 through 10 874
11 896
12 918
13 940
14 964
15 986
C. Annual cash-out of accumulated flex leave
Fire department shift supervisors may cash out a portion of your flex leave
accrual. The cut-off is the first payroll date of September of each year and is paid
based on the employee’s current rate of pay. Cash out occurs in October. To be
eligible to cash out time employees must have, at a minimum, an accumulated
flex leave balance of two times the annual accrual plus 224 hours. Cashing out is
limited to 56 hours of accumulated flex leave above the accumulation cap. Any
flex time above that is forfeited.
D. Flex leave – severance
At the time of separation from the city, if the employee leaves in good standing
along with a minimum of a 2 week written notice, the employee will receive
100% of their flex leave balance not to exceed flex leave cap listed above. In no
instance shall severance exceed this total amount.
F. New employees – fire department shift supervisors
New full time employees hired will begin with a flex leave accumulation of 34
hours and earn flex leave according to the above schedule flex leave accrual for
use as needed. These 34 hours are part of the total accrual for their first year of
employment. Probationary employees are allowed to use flex leave as it accrues.
G. Flex leave request
Request for flex leave must be in accordance with department policy as
determined by the fire chief. Planned leave greater than 9 continuous work days
require the city manager’s approval.
H. Holiday
Fire department shift supervisors receive 112 hours of holiday time off from the
annual work requirement. Holiday time may all be used at the beginning of the
year, and, if an employee leaves the city, they must pay back holiday time not
earned. Holiday time does not carry over from year to year.
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 4
I. Other
Fire department shift supervisors will receive supervisory exempt level status as
approved by the City Manager with the exception of overtime. Fire Captains will
receive overtime in accordance with FLSA.
Recommendation
It is recommended that the old language relating to Battalion Chief be deleted and new policy
language regarding Shift Supervisors: Fire Captain for the Fire Department be approved and
added to the personnel manual.
Prepared by: Nancy Gohman, Director of Human Resources/Deputy City Manager
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 5
RESOLUTION NO. 04-______
RESOLUTION APPROVING SECTIONS RELATING TO FIRE SHIFT
SUPERVISORS: FIRE CAPTAIN IN THE PERSONNEL MANUAL
WHEREAS, The City Council wishes to adopt policies which ensure adequate
compensation, leave and benefits for city employees and which protect the ethical standards of
the City of St. Louis Park; and
WHEREAS, The City Council has conferred upon the City Manager the power to
establish and administer additional administrative policies and rules as may be appropriate to
administer the employment practices of the City.
NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of the City of St.
Louis Park hereby adopts the policies relating to Fire Shift Supervisors: Fire Captain (attached as
Exhibit A) to be added to the personnel manual; and
LET IT BE FURTHER RESOLVED THAT, Section VII relating to Fire Department
Shift Supervisors adopted by Council Resolution No. 01-078 be deleted and replaced by the new
policies relating to Fire Shift Supervisors: Fire Captain (attached as Exhibit A).
Reviewed for Administration: Adopted by the City Council May 17, 2004
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 6
APPENDIX A
RESOLUTION 04-
CITY OF ST LOUIS PARK
FIRE SHIFT SUPERVISORS: FIRE CAPTAIN
Fire Department Shift Supervisors: Fire Captain
General rule
Shift supervisors generally work 24 hour shifts, unless otherwise determined by the fire
chief. Schedules are determined by the fire chief. Shift supervisors currently work 56
hours a week which gives a 1.4 relationship (56/40 = 1.4). The general rule to use for
conversions is the 1.4 ratio.
Flex leave – Fire department shift supervisors
Fire department shift supervisors working 24 hour shifts have a flex leave accrual based
on the flex leave program for day employees. Shift supervisors benefits are determined
by the relationship between their hours worked per week and a 40 hour work week.
Currently, shift supervisors work 56 hours a week which gives a 1.4 relationship (56/40 =
1.4). The accrual amount for shift supervisors, based on years of employment with the
city is as follows:
A. Fire department shift supervisors flex leave accrual
Years of service Hours off
Start through 4 269
5 through 10 325
11 336
12 347
13 358
14 370
15 381
B. Flex leave cap
Fire department shift supervisors may carry over two times your annual flex leave
accrual plus 224 hours as of the first pay day in September of each year. Flex
leave above the cap will be forfeited.
Flex leave
years of service
First pay day in September
Accumulation cap in hours
Start through 4 762
5 through 10 874
11 896
12 918
13 940
14 964
St. Louis Park City Council Meeting
051704 - 8a - Fire Dept. Shift Supervisors
Page 7
15 986
C. Annual cash-out of accumulated flex leave
Fire department shift supervisors may cash out a portion of your flex leave
accrual. The cut-off is the first payroll date of September of each year and is paid
based on the employee’s current rate of pay. Cash out occurs in October. To be
eligible to cash out time employees must have, at a minimum, an accumulated
flex leave balance of two times the annual accrual plus 224 hours. Cashing out is
limited to 56 hours of accumulated flex leave above the accumulation cap. Any
flex time above that is forfeited.
D. Flex leave – severance
At the time of separation from the city, if the employee leaves in good standing
along with a minimum of a 2 week written notice, the employee will receive
100% of their flex leave balance not to exceed flex leave cap listed above. In no
instance shall severance exceed this total amount.
F. New employees – fire department shift supervisors
New full-time employees hired with the city (not previously working for the city)
will begin with a flex leave accumulation of 34 hours and earn flex leave
according to the above schedule flex leave accrual for use as needed. These 34
hours are part of the total accrual for their first year of employment. Probationary
employees are allowed to use flex leave as it accrues.
The city manager will develop policies relating to use of flex leave and transition
from the sick leave program to flex leave.
G. Flex leave request
Request for flex leave must be in accordance with department policy as
determined by the fire chief. Planned leave greater than 9 continuous work days
require the city manager’s approval.
H. Holiday
Fire department shift supervisors receive 112 hours of holiday time off from the
annual work requirement. Holiday time may all be used at the beginning of the
year, and, if an employee leaves the city, they must pay back holiday time not
earned. Holiday time does not carry over from year to year. (Shift supervisors
are not eligible for holidays under Section 8)
I. Other
Fire department shift supervisors will receive supervisory exempt level status as
approved by the City Manager with the exception of overtime. Fire Captains will
receive overtime in accordance with FLSA.
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 1
8b. The Hockey Association and Benilde-St. Margaret’s additional rental charges.
These contracts specify the Hockey Association and Benilde-St. Margaret’s will pay
an additional charge for ice rental charges to assist in the funding of the East Arena at
The Rec Center.
Recommended
Action:
Motion to approve contracts with the Hockey Association and
Benilde-St. Margaret’s for additional ice rental charges to assist
in funding the East Arena at The Rec Center.
Background: When the east arena was added to The Rec Center, Benilde-St. Margaret’s and the
St. Louis Park Hockey Association agreed to help the City financially by paying a higher hourly
rate for ice rental than other users. This agreement was made verbally and never formally
written. Staff has been working with both parties to incorporate this verbal agreement into a
contract.
Current Agreements: The verbal agreement stated both parties would pay an additional $10 per
hour for ice time with no ending date specified. The proposed contract reflects savings for both
parties as a result of the recent refinancing the GO Bonds that were used to initially fund the
addition of the east ice arena. Both parties will pay an additional amount of $10 per hour over the
standard ice time rate through January 31, 2006. At that time, the refinancing savings are realized
and their additional ice time payment will be reduced to $8 per hour. The $8 surcharge will
remain in effect until March 31, 2018 when the bonds for The Rec Center have been paid off. In
return for their investment, both parties would be considered a primary client and have prime
tenant status for scheduling of ice time through the typical hockey season (Labor Day through
March 31). After the hockey season, the surcharge will not be charged to either party and they
will not have prime tenant status.
The proposed contract with the St. Louis Park Hockey Association also grants the Association
the right to operate concession sales at The Rec Center from approximately November 15
through March 15 of each year. The contract also states the Association is the officially
recognized agent for solicitation and sale of advertising space (on the dasher boards) at The Rec
Center and on the Zamboni ice resurfacing equipment.
Recommendation: Staff recommends approving the contracts with Benilde-St. Margaret’s and
the St. Louis Park Hockey Association.
Attachments: Agreements with Benilde-St. Margaret’s and the Hockey Association
Prepared By: Cindy Walsh, Director of Parks and Recreation
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 2
CONTRACT BY AND BETWEEN THE CITY OF ST. LOUIS PARK
AND THE ST. LOUIS PARK HOCKEY ASSOCIATION
THIS AGREEMENT is made on the 26th day of April, 2004, between the CITY OF
ST. LOUIS PARK, a Minnesota municipal corporation (“City”) whose business address is 5005
Minnetonka Boulevard, St. Louis Park, Minnesota 55416 and the ST. LOUIS PARK HOCKEY
BOOSTERS, a Minnesota non-profit corporation (“Association”) whose address is 3700
Monterey Drive, St. Louis Park, Minnesota 55416.
PRELIMINARY STATEMENT
The City and Association agree as follows:
1. Ice Hockey Concessions
A. Scope of Services
The City hereby grants the Association the right to operate concession sales at
The Rec Center from approximately November 15 through March 15 of each
year. Association will be notified in advance of all special events and City run
activities at the location.
B. Time for Performance of Services
The Association agrees to provide the concession services each year commencing
in 2004. The contract is for fifteen (15) years, expiring on December 31, 2018,
subject to the right of either party to terminate the contract by giving a two year
written notice by January 1.
C. Net Sales Percentage
The Association agrees to pay the City an amount equal to 20% of net sales
within thirty (30) days of the conclusion of the winter season. Net sales are gross
sales less ordinary expenses. Any net loss may not be carried forward to any
future year.
D. Services
1. Association agrees to stock, operate, maintain and clean the concession
area during the season in which the stand is operated by the Hockey
Association.
2. Association must purchase from the City’s contracted beverage provider,
all pre mix and post mix syrup plus bottled and canned beverages supplied
by that provider. Private label beverages may be purchased from other
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 3
sources if not sold by the contracted beverage provider and allowed by the
contract with the provider.
3. City will have full service vending machines in place at The Rec Center.
These machines will be stocked by the contracted beverage supplier and
all proceeds will be directed to the City.
4. All food purchases will be made by the Association.
5. City agrees to maintain and keep in operating order the supplied storage
refrigerator, freezer, stainless working table, concession windows and
concession sinks. The City will provide a clean concession area when the
Hockey Association assumes the area for business at the start of their
season.
6. Association agrees to purchase/lease, operate and maintain all other
equipment necessary for the purpose of food preparation and delivery.
7. Association is expected to remove all products and supplies at the
conclusion of each winter season. Association is also expected to
thoroughly clean concession area at the conclusion of the winter season.
8. City employees do not have the right to free or discounted items from the
concession area.
E. Record Keeping
The Association is required to provide to the City a summary of concession
operations, including expenses, revenues, and percentage payments, each season.
2. Advertising
A. In accordance with City Council policies adopted in 1992, the Association is the
officially recognized agent for the solicitation and sale of advertising space at The
Rec Center and on the Zamboni ice resurfacing equipment. The Association’s
efforts enjoy the full cooperation and support of the City.
B. The subject matter, format, wording, illustration and color of each advertisement
shall be subject to approval by the City Planning and Parks and Recreation staff
and shall be submitted by the Association to City staff for review prior to final
installation.
C. Advertisements must meet generally accepted standards of good taste and may
not include the promotion of liquor, tobacco or any other products deemed to be
incompatible with the public uses promoted at The Rec Center.
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 4
D. The Association shall establish production specifications for all advertisements
and shall enter into a contract with each individual advertiser. All costs and
expenses associated with production, copy, artwork, typesetting, delivery and
changes shall be the responsibility of the Association.
E. The “gross proceeds” derived from the sale of advertising shall be defined as the
total of the fees paid by each advertiser and received by the Association,
calculated on an annual basis. The “net revenues” shall be defined as the gross
proceeds less any costs and expenses associated with production of the
advertisement incurred by the Association as described in the paragraph above.
F. Per agreement signed in April of 1998, the City will receive 20% of the net
revenues for each advertisement sold by the Association, payable annually within
thirty (30) days of conclusion of the winter season. The City will receive 20% of
the net revenue, sold by the Hockey Association, of advertising in The Rec Center
(i.e. dasher boards, Zamboni, etc.). The Association is responsible for providing
an annual summary of advertising sold within 30 days of the end of their season.
The City then agrees to invoice the Association within 60 days of the receipt of
the advertising summary. If an invoice is not received from the City within six
months, the Hockey Association is not responsible for payment.
G. The advertising agreement shall terminate on March 31, 2018, subject to the right
of either party to terminate the contract on an annual basis by giving written
notice by January 1.
3. Ice Rental
A. Association will pay an additional amount of $10 per hour over the standard ice
time rate through January 31, 2006. Beginning February 1, 2006, the Hockey
Association will pay an $8 surcharge through March 31, 2018. If the hourly rate
for ice time reaches $175, the Association will not pay the $8 per hour surcharge
above that amount. The surcharge is in place to assist in financing the addition of
the East Arena located in The Rec Center.
B. The St. Louis Park Hockey Association would be a primary client and have prime
tenant status for scheduling of ice time from Labor Day through March 31
(typical hockey season), along with St. Louis Park High School and Benilde-St.
Margaret. After the hockey season, the surcharge will not be charged to the
Hockey Association and they will not have prime tenant status. During the
Hockey Association’s off-season, ice time will be distributed on a first-come first-
served basis.
4. Authorized Agents
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 5
The City’s authorized agent for the purpose of administration of this Contract is:
Cindy Walsh, Director of Parks and Recreation, and
Craig Panning, Rec Center Manager
City of St. Louis Park
3700 Monterey Drive
St. Louis Park, Minnesota 55416-4902
952/924-2541 and 952/924-2547
The Association’s authorized agent is:
Phil Martinson, President
St. Louis Park Hockey Boosters
2565 Quebec Avenue South
St. Louis Park, Minnesota 55426
952/546-7396
5. Subcontractor
The Association shall not subcontract any portion of the services to be performed under
this Contract nor assign this Contract without the prior written approval of the authorized
agent of the City. The Association shall ensure and require that any subcontractor agrees
to and complies with all of the terms of this Contract. Any subcontractor of Association
used to perform any portion of this Contract shall report to and bill Association directly.
6. Independent Contractor
At all times and for all purposes herein, the Association is an independent contractor and
not an employee of the City. No statement herein shall be construed so as to find the
Association an employee of the City.
7. Assignment
Neither party shall assign this Contract, nor any interest arising herein, without the
written consent of the other party.
8. Entire Agreement
The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 6
9. Compliance with Laws and Regulations
In providing services hereunder, the Association shall abide by all governmental statutes,
ordinances, rules, and regulations, including to the extent it is applicable the Minnesota
Government Data Practices Act, pertaining to the provisions of services to be provided.
Any violation shall constitute a material breach of this Contract and entitle the City to
immediately terminate this Contract.
10. Permits
Association is responsible for obtaining any and all permits from any governmental
agency required to provide personal service.
11. Waiver
Any waiver by either party of a breach of any provisions of this Contract shall not affect,
in any respect, the validity of the remainder of this Contract.
12. Indemnification
Association agrees to defend, indemnify and hold the City, its officers, and employees
harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney’s fees, resulting from any act or omission of the Association, its
agents, employees, or subcontractors in the performance of the services provided by this
Contract and against all losses by reason of the failure of said Association fully to
perform, in any respect, all obligations under this Contract.
13. Insurance
The Association shall maintain general liability insurance in an amount acceptable to the
City and provide proof of such insurance upon request. Association represents that it does
not have any employees or other individuals involved in the concession or advertising
sales covered by this Contract for which the Association would be obligated to provide
workers compensation coverage.
14. Records Access
The Association shall provide the City access to any books, documents, papers, and
records which are directly pertinent to the specific agreement, for the purpose of making
audit, examination, excerpts, and transcriptions, for six years after each annual hockey
season is completed.
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 7
15. Notices
Any notices given under this Contract will be served upon the other party’s authorized
agent either personally or by mail at the addresses stated herein.
EXECUTED as to the day and year first above written.
CITY OF ST. LOUIS PARK
Attest:
Cindy Reichert, City Clerk Jeffrey W. Jacobs, Mayor
(seal)
Thomas K. Harmening, City Manager
Cynthia S. Walsh, Director of Parks & Recreation
ST. LOUIS PARK HOCKEY BOOSTERS
Phil Martinson, President
St. Louis Park City Council Meeting
051704 - 8b - Hockey Ice Rental Fees
Page 8
AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of May, 2004, by and between
the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation ("City"), located at 3700
Monterey Drive, St. Louis Park, Minnesota and BENILDE-ST. MARGARET'S SCHOOL, a
Minnesota non-profit corporation ("Benilde"), located at 2501 South Highway 100, St. Louis
Park, Minnesota.
The purpose of this Agreement is to set forth the terms and conditions for the ice time
charges at the St. Louis Park Recreation Center.
Benilde will pay an additional amount of $10 per hour over the standard ice time through
January 31, 2006. Beginning February 1, 2006, Benilde will pay an $8 surcharge through March
31, 2018. If the hourly rate for ice time reaches $175, Benilde will not pay the $8 per hour
surcharge above that amount. The surcharge is in place to assist in financing the addition of the
East Arena located in The Rec Center.
Benilde would be a primary client and have prime tenant status for scheduling of ice time
from Labor Day through March 31 (typical hockey season), along with St. Louis Park High
School and the Hockey Association. After the hockey season, the surcharge will not be charged
to Benilde and they will not have prime tenant status. During Benilde’s off-season, ice time will
be distributed on a first-come first-served basis.
IN WITNESS WHEREOF, the parties have hereunto set their hands all on the day and
year first above written.
Attest:
Cindy Reichert, City Clerk Jeffrey W. Jacobs, Mayor
(seal)
Thomas K. Harmening, City Manager
Cynthia S. Walsh, Director of Parks & Recreation
BENILDE-ST. MARAGET’S SCHOOL
Bob Tift, President
St. Louis Park City Council Meeting
051704 - 8c - Garbage 180+ Rate Modifications
Page 1
8c. First Reading of the Proposed Ordinance Code for Adding Fees for Solid Waste Services
Over 180 Gallons.
Recommended
Action:
Motion to approve First Reading of proposed Fee Ordinance Code
modification adding additional garbage service levels over 180 gallons
and set the second reading for June 7, 2004.
Background: At the April 26, 2004 Council Study Session, Council discussed the increasing
number of services over 180 gallons, cart storage problems, and the need for additional service
levels over 180 gallons.
Many of the households with service levels over 180 gallons are generally not actually using all
the carts they have and most are also not recycling. To more fairly distribute the cost of refuse
collection and disposal services, staff proposed modification of the 90+ level of service by adding
additional levels of service (with increased rates) for service levels above 180 gallons. To
conform to the Pay-As-You-Throw-Program the following program changes are being proposed
to the current service levels:
• Modify the 90+ gallon service to become a 120-180 gallon service at the current 90+
gallon service rate.
• Create new levels of service and rates in 90 gallon increments beyond 180 gallons
starting with a 270 gallon service at a new service rate.
• Maintain the current rates for 30 gallon service, 60 gallon service, and 90 gallon services
at the current service rate.
The creation of additional levels of service will require a change to the Fee Ordinance. Recent changes to
Minnesota Building Codes and Statutes require that fees called for by ordinance must also be set by
ordinance. On November 3, 2003 the Council approved the 2nd reading of an ordinance setting 2004
fees.
Discussion: Based on the above, staff proposes to modify the 90+ gallon service levels and to
establish new service and rates above 180 gallons as shown in the chart below. The following
chart reflects the proposed service level changes (shown by shading) along with the related costs.
PROPOSED SOLID WASTE LEVELS OF SERVICE
Service Level
(gallons)
Number of
Households
Service
Level
(Existing)
Service
Level
(Proposed)
Current
HH Cost
(Quarter)
Proposed
HH Cost
(Quarter)
30 4,078 30 30 $32.78 $32.78
60 5,806 60 60 $43.35 $43.35
90 1,917 90 90 $53.93 $53.93
120-180 376 90+ 120-180 $64.50 $64.50
270 30 90+ 270 $64.50 $84.50
360 15 90+ 360 $64.50 $104.50
450 1 90+ 450 $64.50 $124.50
540 1 90+ 540 $64.50 $144.50
TOTAL 12,224
Note: Costs include tax
St. Louis Park City Council Meeting
051704 - 8c - Garbage 180+ Rate Modifications
Page 2
Public Works staff will work with the Finance Department to coordinate the changes required in the
Utility Billing system for the additional service levels and adjustments to the 47 affected customers in
time to be effective for the start of the 3rd quarter (July 1).
Staff mailed letters on May 11, 2004 to households with over 180 gallon services notifying them of the
proposed rate change for their service level. Upon Council approval, staff will notify households with
over 180 gallons of garbage service of the new rate change and offer them the opportunity to reduce their
service level, if they so desire. Information will also be placed on the Web Site and in the Park
Perspective.
The attached draft fee ordinance revises the 90+ service to a 120-180 gallon service and adds services and
rates for 270 gallon, 360 gallon, 450 gallon, and 540 gallon services. It also establishes extended absence
credits for these same additional services.
Timeline:
• Information on Web Site and Park Perspective May 2004
• Letters to affected residents of proposed rate changes May 2004
• Coordinate changes with Utility Billing May 2004
• Amend the Fee Ordinance May-June 2004
§ 1st Reading May 17, 2004
§ 2nd Reading and Summary Approval June 7, 2004
§ Summary Publication June 10, 2004
§ Effective Date July 1, 2004
Billings for 3rd quarter rate increase will be invoiced during the 4th quarter because solid
waste charges are billed in arrears. Third quarter billing will begin in October 2004.
Attachments: Proposed Fee Schedule/Ordinance
Prepared by: Scott Merkley, Public Works Coordinator
Sarah Hellekson, Public Works Administrative Assistant
Through: Mike Rardin, Director of Public Works
Jean McGann, Director of Finance
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 8c - Garbage 180+ Rate Modifications
Page 3
ORDINANCE NO. _______-04
AN ORDINANCE ADDING FEES FOR
RESIDENTIAL SOLID WASTE SERVICES
FOR SERVICE LEVELS ABOVE 90 GALLONS PER WEEK
THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS:
Section 1. Section 22-37 of the Municipal Code states that a service charge for
garbage/refuse collection, including recycling service, and yard waste collection service,
provided to residential dwelling units in the city shall be an amount set from time to time by the
city.
Section 2. Fees called for within individual provisions of the City Code were set for
calendar year 2004 with the passage of Ordinance No. 2252-03.
Section 3. Fees called for by Ordinance 2252-03 are hereby amended to add new fees
to the schedule of fees listed in Appendix A of the City Code as follows:
CHAPTER 22: SOLID WASTE MANAGEMENT
22-33 Special pickup (refuse/recycling/yard
waste)
$15 each
22-34 Extra Cart
30 Gallon $40 each
60 Gallon $44 each
90 Gallon $48 each
22-35 Extra refuse stickers $2.25 quarterly
22-37 Refuse/Garbage Service Rate
30 Gallon $32.78 quarterly
60 Gallon $43.35 quarterly
90 Gallon $53.93 quarterly
120-180 Gallon $64.50 quarterly
270 Gallon $84.50 quarterly
360 Gallon $104.50 quarterly
450 Gallon $124.50 quarterly
540 Gallon $144.50 quarterly
St. Louis Park City Council Meeting
051704 - 8c - Garbage 180+ Rate Modifications
Page 4
22-37 Extended
Absence
31% credit for the # of weeks absent (per table below)
Number of
Weeks
Absent
30
Gallon
60
Gallon
90
Gallon
120-180
Gallon
270
Gallon
360
Gallon
450
Gallon
540
Gallon
1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
5 $3.90 $5.20 $6.40 $7.70 $10.10 $12.50 $14.80 $17.20
6 $4.70 $6.20 $7.70 $9.20 $12.10 $15.00 $17.80 $20.70
7 $5.50 $7.20 $9.00 $10.80 $14.10 $17.40 $20.80 $24.10
8 $6.30 $8.30 $10.30 $12.30 $16.10 $19.90 $23.80 $27.60
9 $7.00 $9.30 $11.60 $13.80 $18.10 $22.40 $26.70 $31.00
10 $7.80 $10.30 $12.90 $15.40 $20.20 $24.90 $29.70 $34.50
11 $8.60 $11.40 $14.10 $16.90 $22.20 $27.40 $32.70 $37.90
12 $9.40 $12.40 $15.40 $18.50 $24.20 $29.90 $35.60 $41.30
13 $10.20 $13.40 $16.70 $20.00 $26.20 $32.40 $38.60 $44.80
14 $10.90 $14.50 $18.00 $21.50 $28.20 $34.90 $41.60 $48.20
15 $11.70 $15.50 $19.30 $23.10 $30.20 $37.40 $44.50 $51.70
16 $12.50 $16.50 $20.60 $24.60 $32.20 $39.90 $47.50 $55.10
17 $13.30 $17.60 $21.90 $26.10 $34.30 $42.40 $50.50 $58.60
18 $14.10 $18.60 $23.10 $27.70 $36.30 $44.90 $53.40 $62.00
19 $14.90 $19.60 $24.40 $29.20 $38.30 $47.30 $56.40 $65.50
20 $15.60 $20.70 $25.70 $30.80 $40.30 $49.80 $59.40 $68.90
21 $16.40 $21.70 $27.00 $32.30 $42.30 $52.30 $62.30 $72.40
22 $17.20 $22.70 $28.30 $33.80 $44.30 $54.80 $65.30 $75.80
23 $18.00 $23.80 $29.60 $35.40 $46.30 $57.30 $68.30 $79.30
24 $18.80 $24.80 $30.90 $36.90 $48.40 $59.80 $71.30 $82.70
25 $19.50 $25.80 $32.20 $38.50 $50.40 $62.30 $74.20 $86.10
26 $20.30 $26.90 $33.40 $40.00 $52.40 $64.80 $77.20 $89.60
Section 4. This ordinance shall take effect July 1, 2004.
Attest: Adopted by the City Council June 7, 2004
City Clerk Mayor
Reviewed for Public Works: Approved as to Form and Execution:
City Manager City Attorney
St. Louis Park City Council Meeting
051704 - 8d - Excelsior & Grand Comp Plan Amendment
Page 1
8d. Request of TOLD Development Company for an amendment to the
Comprehensive Plan to change the text and concept plan for Park Commons
East (Excelsior and Grand) in the Redevelopment Chapter (Phase E, Park
Commons East).
Recommended
Action:
Motion to approve resolution amending the Comprehensive Plan,
Chapter P—Redevelopment text describing the Park Commons
(Excelsior & Grande) concept plan to allow the following
subject to approval of the Metropolitan Council:
• Allow Phase E to include approximately 13,000 square
feet of ground floor retail and 88 condominiums
(previously allowed 45,000 sq. ft. of office with at least
50% ground floor retail and 17 townhomes.)
• Allow a building height of up to 5 stories on Phase E
(previously allowed up to 4 stories) without the 5th story
set back.
• Allow access to Phase E from Park Commons Drive and
a surface parking lot along a portion of Park Commons
Drive and Monterey Drive, and
Approve summary resolution and authorize publication.
Background:
In September, 1999 the Comprehensive Plan 2000-2020 became effective. The Comprehensive
Plan included Mixed-Use, High Density Residential, and Park land use designations to
accommodate the redevelopment of the Park Commons East area. A redevelopment concept
plan was also adopted into the Redevelopment Chapter of the Comprehensive Plan. On
December 4, 2000, the City Council amended the land use designations to accommodate
TOLD’s concept plan for redevelopment of the 16-acre area. The Metropolitan Council
approved the amendments on December 13, 2000. On January 16, 2001, the City Council
approved the rezoning to be consistent with the Comprehensive Plan. The areas shown on the
Existing Comprehensive Plan map as Commercial Mixed-Use were zoned M-X Mixed-Use and
the areas shown as High-Density Residential were zoned R-C High Density Residential.
On June 4, 2001, the City Council approved TOLD’s Preliminary Plat and PUD with variances
to construct up to 660 housing units (of which at least 35 had to be owner-occupied), 37,500
square feet of office and 82,200 square feet of retail in a phased project subject to certain
conditions of approval. On July 23, 2001, the City Council approved the Final Plat and PUD for
Phase I to include up to 350 apartment units and 63,000 square feet of retail/restaurants in 4-
story buildings with above-and below-ground structured parking. Phase I approvals also
included construction of the entire town green and all of the new streets. At that time, Phase E
(previously known as Phase IV), was approved in concept only. All subsequent phases were
required to obtain Preliminary and Final PUD and Plat approval prior to construction.
St. Louis Park City Council Meeting
051704 - 8d - Excelsior & Grand Comp Plan Amendment
Page 2
Phase II (also known as Phase NE) was subsequently approved with four-story buildings
containing 4,500 sq. ft. of retail space along the town green (Grand Way), and 124 condominium
(owner-occupied) housing units. That phase is currently under construction with a majority of
the housing units sold.
Phase E (previously known as Phase IV) located on the northwest corner of Excelsior Boulevard
and Monterey Drive was conceptually approved for a mixed use building up to 4 stories in height
with retail and office mixed-use along Excelsior Boulevard and town homes along Park
Commons Drive. The Comprehensive Plan land use designations are for Commercial Mixed-
Use along Excelsior Boulevard and High Density Residential along Park Commons Drive (see
attached). The zoning designations are M-X along Excelsior Boulevard and RC along Park
Commons Drive. Changes are not being sought to the current comprehensive plan and zoning
designations since the proposed changes to land use still comply with the existing designations.
Changes are being sought to the actual concept plan adopted into the Redevelopment chapter of
the Comprehensive Plan.
On May 5 the Planning Commission held a public hearing to consider the proposed text
amendments. There were a number of people at the public hearing. The primary concern voiced
by residents of Westmoreland condominiums and a business owner in the retail strip center on
the east side of Monterey Drive was the need to replace displaced parking. Currently, the Phase
E property has been developed with a temporary parking lot that serves both of these uses. On-
street parking that was previously utilized by these uses along Monterey Drive and Excelsior
Boulevard has been removed. As an interim measure, the City provided a temporary parking lot
on Phase E that will be lost with the construction of Phase E. Staff is reviewing the current need
for parking, but feels this issue should be considered separate from the current proposal.
Other issues raised by the public included the impact of a major entrance along Park Commons
Drive and increased traffic on Park Commons Drive. These have been reviewed by SRF
Consulting Group and will be addressed later in the report.
The Planning Commission recommended approval of the text amendments on a vote of 6-0.
Current Proposal
Although the plans are still preliminary and subject to refinement, TOLD is now proposing
approximately 88 units of owner-occupied housing and approximately 13,000 sq. ft. of retail
space in Phase E (formerly Phase 4). The decision to eliminate office space from this phase is
due largely to office market conditions that continue to be unfavorable. Class A office space has
large vacancy rates throughout the region. TOLD is also required under the development
agreement to complete construction of all phases by 2007. To accommodate proposed changes
in the Phase E development plans, the text of the Redevelopment chapter of the Comprehensive
Plan must be amended. The Redevelopment Chapter of the Comprehensive Plan must reflect
changes in the proposed land uses for Phase E, as well as proposed design changes including an
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additional story (total of 5), access to the site from Park Commons Drive rather than Meridian
Lane, and a surface parking lot along portions of Park Commons Drive and Monterey Drive.
A neighborhood Open House to informally review the Phase E proposal was held at the
Excelsior & Grand Community Room on April 15, 2004. Many questions were posed about how
the project would function, why the increase in building height, and how would this change
impact traffic, etc. In addition to the Comprehensive Plan text amendments, the proposal will
also require future Preliminary and Final PUD and Plat approvals where design details will be
considered more closely. The PUD/Plat approvals will require at least one additional public
hearing at the Planning Commission.
Issues:
Ø Is the proposed site plan consistent with the overall goals and policies and the concept
development plan for the area?
Ø Is the proposed change from office and retail to owner-occupied housing and retail consistent
with Comprehensive Plan policies?
Ø How will the proposal affect traffic and the overall plan to provide 200 parking spaces for
events?
Ø What is the impact of increasing the number of stories from 4 to 5?
Analysis of Issues:
Ø Is the proposed site plan consistent with the overall goals and policies and the concept
development plan for the area?
TOLD is proposing to change the land use for Phase E (formerly Phase IV) from a mixed use
consisting of office and retail to a mixed use consisting of residential and retail, and to change
the proposal for 17 owner-occupied townhouses to owner-occupied condominiums. The original
plan was for a four-story building flanking Excelsior Boulevard with access from Meridian Lane.
The current proposal shows a 5-story “L” shaped building flanking Meridian Lane and Excelsior
Boulevard with a surface parking lot facing Park Commons Drive and Monterey Drive. The
parking lot would be screened from adjacent streets with a wall. Access to the site is being
proposed from Park Commons Drive. The proposed changes do not require changes to either the
Comprehensive Plan land use map or zoning.
SRF Consulting reviewed the proposal from a traffic perspective and does not consider it to be
unworkable. They found that access to Park Commons Drive is less desirable than from
Meridian Lane since during peak hours eastbound traffic would block the access. However, SRF
suggested that a sign could be posted to prohibit blocking the driveway access. The traffic
report and driveway design will be addressed further in the PUD process.
Staff and the Planning Commission recommend a text amendment that would allow access from
Park Commons Drive provided that access does not adversely impact residents north of Park
Commons Drive and that reasonable levels of service will be maintained at the intersection of
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Park Commons Drive and Monterey Drive. Staff also recommends approval of an at-grade
parking lot consistent with the conceptual site plan, provided it is screened from the adjacent
streets. These design issues will be worked out during the PUD and platting process.
Another issue identified during review of the proposed site plan is the current loading area. As
proposed, the loading area would require variances from the design standards of the M-X
District. This detail will be refined during the PUD and platting process, and does not influence
the proposed text amendments.
Ø Is the proposed change from office and retail to owner-occupied housing and retail
consistent with Comprehensive Plan policies?
The original approved concept plan for Phase E (formerly Phase 4) was for 45,000 square feet of
office with a minimum of 50% of the ground floor retail and 17 owner-occupied townhomes.
This portion of the site would accommodate 17 of the minimum 35 owner-occupied units
approved by the City Council. As the project evolved, Phase 2 (NE) was developed with 124
owner-occupied units, meeting the original owner occupied requirement. As the development
continues, TOLD is proposing a change in the original concept plan to replace office with 88
owner-occupied condominium units, since there is still an unmet demand for housing. TOLD is
proposing that these units would be priced below those being constructed in Phase 2 (NE).
Staff believes the change to additional owner-occupied housing for Phase E is in keeping with
the goal of maintaining a healthy balance between owner-occupied and rental housing; and,
providing a diversity of housing opportunities in the area. (There has been a substantial demand
for owner-occupied housing in this area.) Also, this proposal does not exceed the 660 housing
units approved in the original concept plan for the area. Staff believes the proposed change for
Phase E is consistent with Comprehensive Plan policies.
The Comprehensive Plan Redevelopment chapter does state that a certain amount of office
should be constructed within Park Commons in order to provide “work place” as a part of the
mixed-use. This goal could still be met within the Park Commons East area since the Balley’s
site is also expected to be redeveloped.
Ø How will the proposal affect the overall plan to provide 200 parking spaces for event
parking to be handled?
The development contract with TOLD requires that 70 daytime and 200 evening and weekend
parking spaces for event parking be provided within the overall project area. Originally, this
requirement would have been met by the office development proposed for Phase E. The office
development would have provided parking that could be shared. Office parking is traditionally
used during weekdays. Event parking is needed primarily evenings and weekends. The change
in land use proposed from office to residential no longer allows for sharing on this site. Only 57
spaces are being shown in the plan as available to the public, and those are for the retail use. The
parking space for the retail development will be needed evenings and weekends which is also
when event parking space will be needed.
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In an attempt to show that there is parking available in Phase 1 for event parking, TOLD has
provided parking counts for 7:00 p.m. on November 28, 2003 (Friday after Thanksgiving) and
for 7:00 p.m. on April 12, 2004 (Monday evening). Both of these counts show that in excess of
400 parking spaces of the available 832 were unfilled. These are only preliminary figures.
Walker Parking Consultants is being retained, at TOLD’s expense, to update a parking study that
includes measuring parking available on Saturday evenings, the time determined to have the
greatest demand for parking in the area.
There are also other options for creating more parking. The existing parking ramps in Phase 1
have the capacity to add additional levels, and some parking could be developed on the east side
of Monterey Drive. Since TOLD will be required to meet the event parking obligation stated in
the Development Agreement, staff does not feel that all event parking requirements necessarily
have to be met with Phase E.
(As a separate matter, the City may consider options to provide additional parking for
Westmoreland condominiums and the retail center east of Monterey Drive.)
Ø What is the impact of the increasing the number of stories from 4 to 5?
According to TOLD’s architect, the original proposal for a 4-story office building on Phase E
would be significantly taller than the buildings constructed in Phase 1. This is because office
buildings require higher ceiling heights than residential uses. The current proposal for a 5-story
retail and residential building would only be slightly taller than a 4-story office building, but will
be a full story taller than the completed Phase 1 buildings. The Comprehensive Plan states that
buildings located between Excelsior Boulevard and Park Commons Drive could be up to 4
stories and that buildings north of Park Commons Drive could be up to 8 stories in height, but
that for any building taller than 4 stories, the 5th story must be set back to reduce the height
impact of a taller building. The text also states that actual building heights (in feet) within the
project would vary according to use.
TOLD is proposing a 5-story building (retail and residential) with a 5th story that is only slightly
set back. According to TOLD, the 5th story would be of a different material (metal) and would
be lighter in color to reduce its impact, and since it is proposed to be only slightly taller than the
original 4-story office building, they wish to delete the requirement for setting back the 5th story.
Staff and the Planning Commission recommend approval of the Comprehensive Plan text
amendment that would allow the proposed building to be 5 stories in height, since the difference
in height from the original proposed office building and the proposed residential mixed-use
building is only a few feet.
Recommendation:
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051704 - 8d - Excelsior & Grand Comp Plan Amendment
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Staff and the Planning Commission recommend approval of the proposed resolution amending
the text of the Comprehensive Plan Redevelopment chapter subject to approval of the
Metropolitan Council.
Attachments: Proposed site plan (preliminary) (supplement)
Proposed Resolution
Proposed summary
Existing Comprehensive Plan Land Use Map (supplement)
Prepared By: Judie Erickson, Planning Coordinator
952-924-2574 jerickson@stlouispark.org
Reviewed By: Greg Ingraham, Planning Consultant
gingraham@stlouispark.org
Approved By: Tom Harmening, City Manager
St. Louis Park City Council Meeting
051704 - 8d - Excelsior & Grand Comp Plan Amendment
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RESOLUTION NO. 04-061
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
EXCELSIOR AND GRAND PHASE III (PHASE E)
NW corner of Excelsior Boulevard and Monterey Drive
Text and Concept Plan
Redevelopment Chapter (Phase E, Park Commons East)
WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on
May 17, 1999 (effective September 1, 1999) and provides the following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and work
and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful,
interesting, and efficient community by serving the interests of the community at large rather
than the interests of individual or special groups within the community if their interests are at
variance with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, said Plan will prepare the community for anticipated desirable change,
thereby bringing about significant savings in both private and public expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities
of adjacent units of government, and
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WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning
Commission of the City of St. Louis Park and amendments made, if justified according to
procedures, rules, and laws, and provided such amendments would provide a positive result and
are consistent with other provisions in the Comprehensive Plan, and
WHEREAS, the Planning Commission of the City of St. Louis Park recommended
adoption of an amendment to the Comprehensive Plan 2000-2020 on May 5, 2004, based on
statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the
interests of citizens and public agencies;
NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the
Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is
hereby amended as follows:
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Figure P-5:
Park Commons East Redevelopment Concept Plan
This plan for Park Commons East is a concept that will be refined by detailed redevelopment plans
through the PUD approval process. Office buildings will include at least 50% ground floor
retail/service/restaurants. A mix of uses will be incorporated, including approximately 145,000 sq. ft of
retail/service/restaurants, 115,000 sq. ft. of office, and 660 residential units, including rental and for-sale
units. Density shall be considered overall for the entire redevelopment plan rather than block-by-block or
land use designation-by-designation. Site access points shall generally comply with the redevelopment
plan, although some modifications may be approved by PUD. Parking shall be within structures or on-
street, except that a small at-grade lot may be approved for the southwest corner of Monterey Drive and
Park Commons Drive if that parking is screened from the adjacent streets and by a wall that also provides
a structural edge to the project area. Building heights south of 38th/39th Street will generally be 2-4
stories, except that a 5-story residential building can be approved by PUD at the corner of Monterey Drive
and Excelsior Boulevard., while Building heights north of 38th/39th Street will generally be 6-8 stories.
The actual heights of buildings will vary, due to different floor to ceiling heights of different uses.
Buildings over 4 stories in height should be rendered in such a manner as to retain a human scale at the
street level (See Chapter R Livable Communities) and minimize the visual impact of the upper stories.
One solution is to set back upper floors. The design of the park edge and town green will be further
refined. The following modifications to performance standards may be adopted through PUD
consideration:
Mixed-Use Criteria: Daycare can be considered a retail/service use for meeting ground floor mixed-use
criteria, and a fitness center (indoor entertainment) can be considered an office use for meeting upper
story mixed-use criteria, since both can be converted in the future. The actual mix of uses may vary on a
given lot provided that the overall ratio of uses falls within the ranges established under Land Use
Allocations below.
Reviewed for Administration: Adopted by the City Council May 17, 2004
Contingent upon approval of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
4-20-CP: res/2004
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051704 - 8d - Excelsior & Grand Comp Plan Amendment
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SUMMARY
RESOLUTION NO. 04-061
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
EXCELSIOR AND GRAND PHASE III (PHASE E)
NW corner of Excelsior Boulevard and Monterey Drive
Redevelopment Chapter (Phase E, Park Commons East)
This resolution states that amendments will be made to Chapter P - Redevelopment text
describing the Park Commons (Excelsior & Grand) concept plan to allow Phase E to include
approximately 13,000 sq. ft. of ground floor retail and 88 condominiums, allow a building height
of up to 5 stories on Phase E without the 5th story set back, and allow access to Phase E from
Park Commons Drive and a surface parking lot along a portion of Park Commons Drive and
Monterey Drive.
Adopted by the City Council May 17, 2004
Contingent upon approval of the Metropolitan Council
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this resolution is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: May 27, 2004