HomeMy WebLinkAbout2003/10/07 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 7, 2003
7:30 p.m.
7:20 p.m. – Economic Development Authority
Study Session to follow immediately after regular meeting
1. Call to Order
a. Pledge of Allegiance
b. Roll Call
2. Presentations - None
3. Approval of Minutes
a. City Council Minutes of September 15, 2003 Document
b. City Council Study Session minutes of September 22, 2003 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
6. Public Hearings
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. The request of Minnehaha Creek Watershed District for a Conditional Use
Permit for the excavation of approximately 1,200 cubic yards of sediment
from Twin Lakes Park Pond at 4750 26th St. W. Document
Case No. 03-48-CUP
4750 26th St. W.
Recommended
Action:
Motion to adopt a resolution approving the Conditional Use
Permit for the excavation of sediment from Twin Lakes subject
to conditions included in the resolution.
8b. The request of City of St. Louis Park for a Major Amendment to an existing
Special Permit for the excavation of approximately 2500 cubic yards of soil for
the creation of a dry pond within the townhome property located at 5920 26th
St. W. Document
Case No. 03-51-CUP
5920 26th St W.
Recommended
Action:
Motion to adopt a resolution approving the Conditional Use
Permit for the excavation of soil at the townhome property
located at 5920 26th St. W subject to conditions included in the
resolution.
8c. Request by Silver Crest Properties for an amendment to the City’s
Comprehensive Plan and Preliminary Planned Unit Development approval for
a residential senior housing development Document
Case Nos. 03-37-CP and 03-38-PUD
3601,3633 and 3663 Park Center Boulevard
Recommended
Action:
• Motion to adopt a resolution approving amendments to the
City’s Comprehensive Plan subject to Met Council approval.
• Motion to adopt a resolution approving the Preliminary
Planned Unit Development, subject to the conditions
included in the resolution.
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 OCTOBER 7, 2003
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a Motion to approve Second Reading of proposed Ordinance Code text amendments
related to Snow Removal Parking Restrictions, adopt the ordinance, approve summary,
authorize publication, and rescind Resolutions 97-115 and 97-116 and adopt their
replacements Document
4b Motion to adopt a resolution appointing election judges for the Municipal and School
Board election to be held November 4, 2003 Document
4c Motion to adopt a resolution approving a minor amendment to the Planned Unit
Development for the construction of an interim parking lot in an open area south of the
medical building at 3900 Park Nicollet Blvd., subject to conditions in the resolution.
Document
4d Motion to Approve Standstill Agreements Regarding Renewal Process and Use of MCN
Channel 6 Document
4e Motion to adopt the attached resolution authorizing the installation of stop signs at
Brunswick Avenue & W. 41st Street and Alabama Avenue & W. 42nd Street Document
4f Motion to approve resolution adopting revised procedures for city Boards &
Commissions Document
4g Motion to approve resolution for final payment to Hardrives, Inc. for completion of Phase
II work on Excelsior Blvd. Document
4h Motion to approve resolution for final payment to American Liberty Construction for the
completion of the Louisiana Oaks Park building Document
4i Motion to designate BCG Construction the lowest responsible bidder and authorize
execution of a contract with the firm in the amount of $92,966.90 for Park Commons
Drive Sidewalk Construction & Lighting Installation – City Project No. 03-11 Document
4j Motion to accept for filing the Board of Zoning Appeals Minutes of August 28, 2003
Document
4k Motion to accept for filing the Planning Commission Minutes of September 3, 2003
Document
4l Motion to accept Vendor Claims for filing (Supplement)
4m Motion to authorize the Mayor and City Manager to amend a contract with WSB and
Associates, Inc. to provide professional services for the Lamplighter Pond Flood
Improvement Project – City Project No. 00-18 Document
4n Motion to authorize the Mayor and City Manager to execute a third amendment to the
amended and restated contract for private redevelopment between the St. Louis Park
Economic Development Authority, the City of St. Louis Park, and Meridian Properties
Real Estate Development, LLC (TOLD Development Company) relating to the
installation of a passive methane venting system in Wolfe Park and/or the adjacent Wolfe
Parkway. Document
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
October 7, 2003
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 Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 1 of 9
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
September 15, 2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 p.m.
The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul
Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community
Development Director (Mr. Harmening); Economic Development Coordinator (Mr.
Hunt); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms.
Erickson); Director of Public Works (Mr. Rardin); City Engineer (Ms. Hagen); Director
of Finance (Ms. McGann); Police Chief (Mr. Luse); Police Lieutenant (Mr. DiLorenzo);
Operations Superintendent (Mr. Hanson); Director of Parks and Recreation (Ms. Walsh);
City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson).
2. Presentations
2a. Evergreen Awards
Mayor Jacobs presented Evergreen Awards to Elmo and Jane Plumhoff, Janice Richie,
Sylvia Kubes, and William Osmundson. Parks and Recreation Commissioner Nancy
Nelson described the Evergreen Award selection process.
2b. Beth El Synagogue
Linda Goldberg, from Beth El Synagogue, presented a donation to Police Chief Luse and
the St. Louis Park Police Department. Roger Landy accompanied Ms. Goldberg.
3. Approval of Minutes
3a. City Council Minutes of September 2, 2003
The minutes were approved with the following change:
From Councilmember Sanger: Page 7, paragraph 2, immediately preceding certificate of
occupancy insert temporary.
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
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 2 of 9
Councilmember or a member of the audience, that item may be moved to an appropriate section of the
regular agenda for discussion.
4a Adopt Resolutions Imposing Civil Penalties for Liquor License Violations according to
the recommendation of the City Manager.
Resolution No. 03-127 Byerly’s Wine & Spirits Byerly Beverages, Inc.
Resolution No. 03-128 Doubletree Park Place Hotel DT Management Inc.
Resolution No. 03-129 Knollwood Liquor Inc.
Resolution No. 03-130 Sam’s Club #6318 Sam’s West Inc.
Resolution No. 03-131 Santorini’s B & A Inc.
Resolution No. 03-132 St. Louis Park Liquors Nguyen, Lua T.K.
Resolution No. 03-133 Texas-Tonka Liquors, Inc. (Summit)
4b Approve Second Amendment to the Amended and Restated Contract for Private
Redevelopment By and Between St. Louis Park Economic Development Authority and
City of St. Louis Park and Meridian Properties Real Estate Development LLC dated July
23, 2001
4c Designate Hulegaard Construction the lowest responsible bidder and authorize execution
of a contract with the firm in the amount of $125,000.00 for Storm Water Flood
Improvements in Area No. 1 (Runnymeade Lane) and Area #9 (5801 & 5737 W. 25 ½
Street) – City Project Nos. 00-03 & 03-05
4d Adopt Resolution No. 03-134 authorizing the installation of one-hour parking
restrictions on the east side of Xenwood Avenue from Excelsior Boulevard to a point 150
feet north of Excelsior Boulevard, Traffic Study No. 583
4e Adopt Resolution No. 03-135 authorizing the installation of parking restrictions on the
north side of the North Frontage Road of Highway 7 a distance of 10 feet centered on the
outwalk to 4310 Highway 7, Traffic Study No. 584
4f Approve the contract with Three Rivers Park District, formerly Hennepin Parks, to clear
and remove snow from the LRT and Cedar Lake Extension Trails through the City of St.
Louis Park
4g Authorize the Mayor and City Manager to execute the Contract and Declaration of
Covenants for the Maintenance and Operation of Excelsior & Grand Public
Improvements
4h Accept for filing the minutes of the Board of Zoning Appeals of July 24, 2003
4i Accept for filing the minutes of the Planning Commission for August 20, 2003
4j Accept for filing the Housing Authority Minutes of August 13, 2003
4k Waive reading of resolutions and ordinances
4l Accept vendor claims for filing (Supplement)
It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve
the Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 3 of 9
5. Boards and Commissions: None
6. Public Hearings
6a. Public Hearing to consider resolution authorizing gambling premises permit
for the Community Charities of Minnesota to operate at Park Tavern
Lounge and Lanes located at 3401 Louisiana Ave S.
Resolution No. 03-116
City C lerk Cindy Reichert introduced this item.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Omodt, seconded by Councilmember Santa, to approve
Resolution No. 03-116 granting the permit.
The motion passed 7-0.
6b. Public Hearing Park Nicollet Private Activity Revenue Bond Sale
Resolution No.’s 03-117 and 03-118
Director of Finance Jean McGann said the bonds are not liabilities of the City. Ms.
McGann said the revenue refunding bonds shall not exceed $205,000,000 (Two Hundred
Five Million dollars), and the issuance, sale, and delivery of revenue bonds shall not
exceed $85,000,000 (Eighty Five Million dollars) for the construction of a heart and
vascular center.
Bond counsel, John Utley, Kennedy & Graven, said there are two resolutions because one
piece of the financing is a refunding, i.e., a refunding of the outstanding indebtedness that
the City has issued in the past for the facilities of Park Nicollet, and the second piece is
for a new project. Mr. Utley said these revenue bonds are secured solely by the
beneficiary of the facility, and the status of the bonds shall have no impact on the City’s
credit rating or its General Obligation bonds.
Ms. McGann said Park Nicollet and its entities agree to pay the fees and expenses
incurred by the City in the transaction, and shall also pay the annual administrative fee of
the City in respect to the bonds.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 03-117 authorizing the issuance, sale, and delivery of revenue refunding
bonds; and to adopt Resolution No. 03-118 authorizing the issuance, sale, and delivery
of revenue bonds.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 4 of 9
The motion passed 7-0.
6c. Public Hearing—Edgewood Tax Increment Finance District
Resolution No. 03-119
Economic Development Coordinator Greg Hunt said he would like to enter into the
record the September 8, 2003 memo from Richard P. Johnson, Deputy County
Administrator of Hennepin County, which reflects the County’s position on the proposed
St. Louis Park Edgewood Soils Condition TIF District, Clerk’s File No. 12. Mr. Hunt
said, as noted by Councilmember Brimeyer during the EDA meeting tonight, the memo
states: “It appears that this TIF District satisfies the preference of the Hennepin County
Board of Commissioners for use of tax increment financing, as identified in Resolution
92-10-017R1, adopted 10/27/92.”
For EDA action on this item, see the EDA minutes of September 15, 2003, item 7e.
Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs
closed the public hearing.
It was moved by Councilmember Velick, seconded by Councilmember Sanger, to adopt
Resolution No. 03-119 modifying Redevelopment Project No. 1 and establishing the
Edgewood Tax Increment Financing District and adopting a Tax Increment Financing
Plan therefor.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public: None
8. Resolutions, Ordinances, Motions
8a. First Reading of an Ordinance amending Ordinance No. 2097 of the St.
Louis Park Code of Ordinances relating to Snow Removal Parking
Restrictions, revising effective accumulation depth, restricted parking hours,
and parking enforcement procedures
Public Works Director Mike Rardin introduced Operations Superintendent Mark Hanson.
Mr. Hanson provided a Staff report. Mr. Hanson said the three main focal points are: 1)
to eliminate the hours of 8:00 a.m.—5:00 p.m. on the parking restrictions; 2) change the
effective snow depth from 2” to 3”; and 3) heighten police enforcement of the parking
restrictions. Mr. Hanson reported that residents who qualify shall be able to acquire up to
two free permits, if approved for additional permits, charges for those permits would be
imposed. Permits would be granted or sold only if residents do not have adequate
parking spaces in their garages and driveways for their vehicles.
Teresa Hoglund, 6619 West 16th Street, said she has a one-car garage, five adults, and
five vehicles at her residence, and she should not have to pay for permits for those
vehicles to be parked on the street.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 5 of 9
Roger Rosko, 1438 Nevada Avenue South, commented on the inconsistent enforcement
of the current snow ordinance. Mr. Rosko said he has moved his cars to a park and ride
in order to comply with the current 8:00 a.m. parking restriction. He said people should
be able to get up at a fixed hour to do something about enabling snowplows to be used
efficiently. Mr. Hanson said a ban will not go into effect until at least 3” of snow has
fallen.
Chad Laux, 3104 Georgia Avenue South, said in order to comply with the proposed
changes, extra company will have to go home; where will cars go when he or others
shovel their driveways; and where will patrons park when small office parking lots are
full and there is no parking on the streets? Mr. Laux favors an even/odd parking
restriction.
Phillip Finkelstein, 2710 Monterey Avenue South, said the elimination of a fixed time
will create more confusion; he favors a fixed time.
Police Chief Luse said the anticipated enforcement nomenclature would be: Public
Works determines a snow ban is in effect; a Public Works supervisor and a Police
Department supervisor would meet and establish a timeline under which cars would be
plowed in. Chief Luse said initial plowing patterns would take four to eight hours to
complete. Chief Luse continued: It would be during the second pass of plowing that cars
would be towed, so, a two-day process of plow, tag, plow, tow.
Mr. Rosko said the pattern of police enforcement should be codified, and he favors an
even/odd restriction.
Councilmember Sanger said the permit system may not be a good way to go. She thinks
an even/odd system may be better, however, she thinks more work needs to be done on
how to handle where people should park extra vehicles. She mentioned that Minneapolis
has designated snow parking locations called snow oases. Mr. Hanson responded that the
goal is to eliminate convenience parking on City streets.
Councilmember Basill said there are several things to balance and, overall, he is support
of Staff’s recommendations.
Councilmember Omodt said $100 is a lot of money for a permit, and the handicap aspect,
as Mr. Rosko pointed out, needs attention. Mr. Rardin said Staff can consult the City
Attorney about considerations for handicap parking and report at a Study Session; or Mr.
Rardin can provide information prior to second reading. Mayor Jacobs and
Councilmember Velick would like to discuss this further, specifically, parking for
caregivers and around-the-clock care. Councilmember Omodt asked if, and suggested
that, residents be informed of the schedules of plows and how they work through the
City, i.e., plowing patterns. He said it is imperative that residents be informed of the
plow, ticket, plow, tow process.
Councilmember Santa requested that Staff address the issues raised tonight prior to the
second reading.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 6 of 9
It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to
approve First Reading of proposed Ordinance Code text amendments related to Snow
Removal Parking Restrictions and set Second Reading for October 7, 2003.
Councilmember Omodt strongly encourages residents to come forward with suggestions
prior to the second reading.
The motion passed 7-0.
8b. Environmental Assessment Worksheet (EAW) and Authorization to
Advertise for Bids for the Lamplighter Pond Flood Improvement Project,
City Project No. 00-18. Resolution No.’s 03-120 and 03-121
City Engineer Maria Hagen presented a Staff report. Ms. Hagen distributed Responses to
Comments from Public Information Meeting, Lamplighter Pond, WSB Project No. 1007-
64 to the Council.
Pete Willebring, WSB & Associates, provided an overview of the project. Mr.
Willebring said there can be no guarantee that flooding will never occur in this area but
WSB believes the probably of flooding of structures in this area will be significantly
reduced after the flood improvement project is implemented.
Paul Martin, Braun Intertec, said soil borings were performed generally in the area of the
pond and there was concern about the homes adjacent to the pond, i.e., a potential
differential settlement that may cause cracking, but the results of the study indicated that
that should not be a problem for those homes.
Erik Wrede, Executive Director Minnesota Conservation Corps and resident of St. Louis
Park, 1624 Nevada Avenue South, is highly supportive of the 30-foot buffer of native
plantings. Mr. Wrede promotes the health and safety of St. Louis Park citizens, even if it
means losing a few trees. He said his organization can help to educate people on
environmental stewardship, and he looks forward to a call if help should be requested.
Deborah Coe, 1600 Pennsylvania Avenue South, said the project should not be approved
for the following three reasons: 1) it would mean the destruction of the natural beauty of
the neighborhood and Lamplighter Park, i.e., the loss of trees and inadequate space to
replace the trees; 2) subsidence, the City is risking damaging more homes due to this
project; and 3) the City has not disclosed the actual costs of the project to St. Louis Park
residents. Ms. Coe said she and others have obtained documents in regard to negotiations
between the church and the City.
Rod Harris, 2205 Quebec Avenue South, described the structural, settlement, and erosion
problems he has been experiencing with his home and driveway, which is characteristic
of his neighborhood. Mr. Harris requested that if the Council proceeds with this
proposal, the Council makes available, at City expense, an independent evaluator to
assess the condition of each home prior to project construction and subsequent to the
draw-down and the refilling of the pond.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 7 of 9
Jay Brodersen, 2201 Quebec Drive, is supportive of the project. Mr. Brodersen said from
the last flood in June, he incurred about $15,000 in damage.
Nathan A. Busch, 1600 Pennsylvania Avenue South, said initially he supported the
proposal, however, he has changed his stance, and he is dead set against the project. Mr.
Busch encourages the Council not only to rethink the project but to give it its due six feet
under. Mr. Busch requests the Council fund the establishment of a baseline stability for
the 10 homes on the eastern side of the project and those homes in the area of Quebec and
22nd. He requests a baseline against subsidence and stability. Mr. Busch asked: What is
Plan B if the project does not alleviate the flooding as hoped? He said that $1.5 million
dollars is unreasonable.
Josh Goldman, 2221 Quebec Drive, supports the project.
Roger Rosko, 1438 Nevada Avenue South, said he disputes the Staff report and he listed
specific examples. Mr. Rosko suggested the water level of the pond be maintained at a
lower level as opposed to a fairly full level; addition of berms; and more pumping. Mr.
Rosko said it is not necessary to remove so many trees. In regard to the subsidence issue,
he also calls for the establishment, at City expense, of a baseline with indemnification
that the City sign off if the project goes awry. Mr. Rosko reference Condition 4, “taxing
of all church property to be eliminated.” He has not been able to find out the dollar
amount of those taxes associated with the church.
Mitch, 1417 Texas Avenue South, said he supports the project.
Dennis Batty, 22770 Imperial Avenue North, is a member of the Park Assembly of God
Church. Mr. Batty said, in regard to Condition 4, taxes and back taxes have been
completely withdrawn.
Councilmember Velick said the City replaces trees that are removed; the cost of the
project did not triple in two years; the EAW was scrutinized by 15 agencies; and she
supports the project.
Councilmember Omodt also supports the project.
Councilmember Sanger asked questions about subsidence, and Mr. Martin responded.
Councilmember Brimeyer asked questions, and Mr. Willebring addressed subsidence.
Mr. Willebring said it would be helpful for WSB to discuss the issues with residents.
Councilmember Sanger asked about the City’s cost in regard to the easement on the
church property, and Ms. Hagen said the cost would be a one-time fee of $10,000.
Mr. Rosko asked if the September 15th Braun Intertec report is available, and Mr. Martin
said no, not tonight, however, he could provide it to Mr. Rosko.
It was moved by Councilmember Velick seconded by Councilmember Brimeyer, to adopt
Resolution No. 03-120 approving the EAW, finding no need for an Environmental Impact
Statement (EIS) and requiring certain mitigation as described in the EAW.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 8 of 9
The motion passed 7-0.
It was moved by Councilmember Velick seconded by Councilmember Santa, to adopt
Resolution No. 03-121 approving plans and specifications and authorizing advertisement
for bids for construction of the flood improvement project.
The motion passed 7-0.
8c. Request of SLP Motors, LLC for a Final PUD to redevelop the Win Stephen
Buick Pontiac property for Westside Volkswagen, 2370 and 2440 State
Highway 100 S. Case Nos. 03-14-PUD. Resolution No. 03-122
Planning Coordinator Judie Erickson presented a Staff report. Ms. Erickson said Staff
and the Applicant have worked out issues that were raised at the Council meeting of
September 2, 2003, i.e., the Applicant will deposit an escrow in the amount of $500,000
to insure site developments on the South property, as well as $50,000 to ensure removal
of all nonconforming signs, and the new language has been included in the resolution.
Councilmember Sanger requested a modification be made to Condition 5a of the Final
PUD, i.e., add: Pile driving and other similarly noisy activities at the parking ramp site
shall extend no later than 6:00 p.m.
Tim O’Dougherty, Luther Companies, said Councilmember Sanger’s modification is
“absolutely acceptable.”
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 03-122 approving Final PUD subject to the conditions in the resolution;
and pile driving and other similarly noisy activities at the parking ramp site shall extend
no later than 6:00 p.m.
The motion passed 7-0.
8d. The request of City of St. Louis Park for Conditional Use Permits for the
excavation of approximately 990 cubic yards of soil from Wolfe Park open
space west of the Rec. Center for the creation of a skate park and for
placement of 990 cubic yards of fill on Shelard Park to correct settling
Case Nos. 03-52-CUP & 03-55-CUP, 3700 Monterey Drive & 390 Ford Road
Resolution No.’s 03-123 and 03-124
Planning and Zoning Supervisor Janet Jeremiah presented a Staff report.
It was moved by Councilmember Omodt, seconded by Councilmember Basill, to adopt
Resolution No. 03-123 approving the Conditional Use Permit for the excavation of soil
at Wolfe Park subject to conditions included in the resolution; and to adopt Resolution
No. 03-124 approving the Conditional Use Permit for the placement of soil at Shelard
Park subject to conditions included in the resolution.
St. Louis Park City Council Agenda
Item: 100703 - 3a - City Council Minutes of Sept. 15, 2003
Page 9 of 9
The motion passed 7-0.
Councilmember Omodt thanked the Walser Foundation for getting this skate park off the
ground.
8e. Request of TOLD Development Company for Final Plat approval for Park
Commons East 2nd Addition and an Amendment to the Park Commons East
Planned Unit Development granting Final PUD approval for Phase NE
(Excelsior & Grand Phase II) and amendments to the Phase I Official
Exhibits. Case Nos. 03-19-PUD and 03-20-S. Phase NE: Outlots D and E,
Park Commons East (northeast corner of Park Commons Drive and Grand
Way) Resolution No.’s 03-125 and 03-126
Ms. Jeremiah presented a Staff report.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt
Resolution No. 03-125 approving the Final Plat for Park Commons East 2nd Addition
subject to the conditions in the resolution; and adopt Resolution No. 03-126 approving
amendments to the Park Commons East PUD granting Final PUD approval for Phase
NE (Excelsior & Grand Phase II) and amendments to the Phase I Official Exhibits
subject to the conditions in the resolution.
The motion passed 7-0.
9. Communications
Councilmember Omodt encourages everyone to visit the newly renovated Louisiana Oaks
Park.
Councilmember Basill said the St. Louis Park Historical Society had their ice cream
social at the train depot, and he encourages residents to visit the Historical Society.
10. Adjournment
Mayor Jacobs adjourned the meeting at 10:28 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 100703 - 3b - Study Session Minutes of Sept. 22, 2003
Page 1 of 3
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
September 22, 2003
The meeting convened at 7:00 p.m.
Present at the meeting were Councilmembers John Basill, Susan Sanger, Sue Santa, Sally Velick, Jim
Brimeyer, Paul Omodt and Mayor Jeff Jacobs.
Staff present: Deputy City Manager (Mr. Harmening), Planning Manger (Ms. Jeremiah); Director of
Information Technologies (Mr. Pires); Community TV Coordinator (Mr. McHugh); Director of
Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); and City Clerk (Ms.
Reichert).
1. Time Warner TV Franchise Renewal
Mr. Pires informed the council that the process for renewal of the Cable Television Franchise with
Time Warner had begun and that negotiations could continue for up to two years. As a prelude to the
negotiations a number of needs assessments were taking place, one of which involved the SLP
Business Community. He introduced Bill Morris of Decision Resources, Inc. to present the results of a
business survey on telecommunication needs.
Following the presentation, Mr. Pires stated that there would be several checkpoints as we move
forward in negotiations for council to be updated on the process.
2. Ornamental Features
Mr. Jeremiah and Mr. Greg Ingraham, a consultant working with planning staff, brought forward the
proposed amendments to the city’s ornamental features ordinance currently being considered by the
Planning Commission. Ms. Jeremiah gave a brief history of the issue and stated that the Planning
Commission had held a public hearing and a subsequent study session to consider the issue.
Mr. Ingraham also stated that an informal survey had been conducted of residents and staff had found
that most were not aware of current ordinance provisions and that when they found out what the
requirements were, were opposed to the restrictions already in place.
The Planning Commission will soon be considering an ordinance which seeks to define permanent
versus non-permanent structures and allows for some encroachments.
Councilmember Sanger asked what the end result of what we are trying to achieve with the revisions.
She was not sure that the current ordinance poses a problem and felt that residents should be able to
work with their neighbors in terms of the desirability of ornamental features.
St. Louis Park City Council Agenda
Item: 100703 - 3b - Study Session Minutes of Sept. 22, 2003
Page 2 of 3
Ms. Jeremiah stated that even if the proposed changes to the ordinance were not adopted, council still
needed to address the issue of enforcement. Staff was currently enforcing on complaint, but was not
proactive in looking for violations of the current ordinance.
Councilmember Basill asked to go through the proposed ordinance provisions to better understand the
changes before moving to a discussion about enforcement.
Councilmember Brimeyer suggested that the setback be revised to three feet and that any features
resident chose to place in their yard would be acceptable. He did not believe that exceptions should be
made within the 3 foot setback.
Ms. Jeremiah that if a violation of the setback was made and a complaint was received we would need
to enforce. We could suggest mediation as an alternative to the parties, but if that failed the city would
become involved in an enforcement issue. She also pointed out that if there was a safety issue
involved the city would have to step in to enforce.
Mr. Hoffman raised the following question to council – If we do not intend to enforce the ordinance in
any way, what would be the purpose of having the ordinance in the first place? Council agreed that if
standards were set by ordinance the city would be obligated to do enforcement.
Mr. Harmening recapped council direction received during the discussion:
• Fence permits will continue to be issued
• Staff will maintain the current policy of enforcement upon complaint
• The ordinance should be simple and clear so that general residents are able to understand it
• Council, for the most part, agreed with suggested revisions from the planning commission.
He stated that the Planning Commission would be considering results of the Planning Commission
discussion held at their study session and that the Planning Commission will also provided with
Council’s observations from the Council study session. The Planning Commission will take both sets
of comments into consideration and make a final recommendation to Council.
3. MN Department of Public Health Grant Proposal Status
Mr. Hoffman and Mr. Camilon addressed the council providing an overview of the grant proposal and
process. If the grant is received, the funds would be invested in more education regarding second-hand
smoke, smoking prevention and our ordinance.
Councilmember Sanger asked how we might engage the community in the program. Mr. Hoffman
responded that there are a number of resources in the community, most notably the park Nicollet
Foundation, and that these resources would be utilized to help prepare materials and design program
components. She hoped that criteria for measurement of the success of our efforts would be included
in the program components as well.
Councilmember Brimeyer suggested that Park Nicollet Foundation be asked to participate in those
measurements and establishing the criteria for measurement.
Mr. Hoffman stated that the grant funds would be used to reduce second hand smoke, educate our
citizens and businesses about the dangers of smoking and to evaluate effectiveness of our programs.
St. Louis Park City Council Agenda
Item: 100703 - 3b - Study Session Minutes of Sept. 22, 2003
Page 3 of 3
4. Revisions to Board and Commission Procedures
Ms. Reichert presented proposed changes to board and commission procedures adopted by council.
Council agreed with proposed changes as presented.
A letter from the Human Rights Commission was also presented to Council in which the HRC
requested that Council consider allowing non-residents to serve as a member of that Commission. Ms.
Reichert informed council that the Police Advisory Commission has made a similar request.
Council discussed whether non-residents have the same degree of connection to our community as
resident members. Councilmembers Sanger and Basill expressed their opinion that living in the
community brings not only greater knowledge about the community, but also provides for more
opportunities for interaction with other residents.
Councilmember Santa believed that persons coming in to the community to work may be more
connected that we might think and that seeking out leaders among minority populations may be a valid
way to make stronger connections within SLP’s minority populations.
Councilmember Brimeyer did not believe there would be problems with allowing some members of
certain commissions to be non-residents and felt that council could adequately screen applicants
through the interview and selection process. He also felt that by excluding non-residents we may be
missing an opportunity to make valuable connections to residents that might not otherwise come
forward.
Councilmember Sanger suggested that the Human Rights Commission may be able to provide the
council and staff with assistance in recruiting residents which better reflect our diverse citizenry to
serve on boards and commissions.
4. Adjournment
The meeting adjourned at 9:32 p.m.
City Clerk Mayor
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 1 of 10
4a. Motion to approve Second Reading of proposed Ordinance Code text amendments
related to Snow Removal Parking Restrictions, adopt the ordinance, approve
summary, authorize publication, and rescind Resolutions 97-115 and 97-116 and
adopt their replacements.
BACKGROUND: Public Works proposed the following ordinance revisions to the St.
Louis Park Snow Removal Program at the Study Session meeting of August 11, 2003 and
the Council meeting of September 15, 2003:
Eliminate the 8:00 a.m. to 5:00 p.m. restriction on the parking ban. The 8:00 a.m. start
of the ban limited the time plows could begin clearing neighborhood streets. Drivers
waited until at least 8:00 a.m. to avoid plowing-in residents trying to get to work. When
drivers did begin clearing the neighborhoods, they found themselves inconveniencing
residents by plowing-in cleared sidewalks and driveways. Removing the 8:00 a.m. start
would enable drivers to clear most neighborhood streets before the morning commute
(without plowing-in cleared sidewalks and driveways). The new policy does not eliminate
permits or exempt areas.
Change the effective accumulation depth from 2 inches to 3. Parking restrictions are not
necessary to clear a 2-inch “nuisance” snowfall—windrows created from clearing a 2”
snowfall do not significantly plow-in vehicles. Changing the effective depth to 3 inches
would help reduce the inconvenience associated with eliminating the 8:00 a.m. to 5:00
p.m. restriction on the ban’s hours. In short, a 3” effective depth eases the burden on
residents during nuisance snowfalls but still creates safe and efficient plowing conditions
during significant snowfalls. Please note: Crews would still clear less than a 3” snowfall,
but without the ban being in effect.
At the September 15, 2003, First Reading, City Council raised several concerns regarding
the potential impact of the proposed changes. Council’s concerns, shown below in bold
type, followed by staff’s response were addressed in a September 22 Study Session report.
Does the current ordinance provide for the issuance of parking permits to
handicapped residents and/or caregivers? Yes, Paragraph 2(d) authorizes City Council
(by separate resolution) to issue permits to residents who may not have adequate off-street
parking. Council can set the fee (if any) for handicap/caregiver permits when the fee
resolution is discussed.
What are the types and volumes of complaints staff receives during a typical snow
event (when the ban is in effect)? Staff does not track complaints electronically if the
caller refuses to give their name or address. However, Operations staff estimates
approximately 10-12 complaints are received each snow event in which the parking ban is
in effect. Approximately 80% of the complaints are residents parking across the street so
their side of the street is plowed clean and the caller’s side has windrow trails where the
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 2 of 10
car used to be. The remaining 20% of calls concern vehicles not getting tagged or towed
after 24-48 hours. A minor number of calls deal with damages during operations, concern
over timeliness, and concern over quality of effort.
What is the recent history of tagging/towing? Over the last two winters, only 5 snow
events occurred in which the parking ban was implemented (1/14/02, 4/2/02, 3/15/02,
2/3/03, & 3/8/03). Staff wrote an average of 224 tickets per snow event (267, 156, 122,
148, & 427 respectively). Police Department records show 42 vehicles were towed for
violating snow removal parking restrictions in 2002 and 26 vehicles were towed (to date)
in 2003.
At the September 22 Study Session, Council requested information on how
handicap/disabled parking is dealt with. The following is an explanation of how that
program works:
Disability permits are issued by the State of Minnesota per State and Federal
requirements/ regulations. These are obtained by applying to the State. A doctors
statement is necessary to qualify for this certification. This certification or permit (can be
permanent or temporary) is necessary to legally use handicap accessible parking stalls
(and other certain public amenities). This certification or permit has no implications
related to snow removal or snow parking permits. Qualified individuals may park
vehicles in handicap designated spaces on public streets, but are still subject to the snow
parking ban. In fact, leaving these vehicles on the streets to be plowed in would probably
make their situation worse. Staff does not propose to create and issue permits for this
situation as it does not appear necessary nor beneficial to do so.
NEXT STEPS: The tentative schedule below shows past actions in this process and
necessary future steps in pursuing the proposed snow removal program changes. Next
immediate steps are bolded below. In addition to the Ordinance changes proposed, it will
be necessary to rescind and adopt the resolutions referred to below as they refer to the
8:00 a.m. to 5:00 p.m. parking ban which is proposed to be ended. The new resolutions
will be consistent with the new Ordinance requirements and also create a new “caregiver”
permit. Resolution details are described below. New resolutions proposed for adoption
are attached.
Budget reviews April/May 2003
Study Session August 11, 2003
First Reading, Set Second Reading September 15, 2003
Second Reading, Adopt Ordinance,
Authorize Summary Publication
October 7, 2003
Rescind Resolutions: October 7, 2003
97-115: Exceptions to Ordinance (by map)
97-116: Parking Permits and Fee
Adopt Resolutions: October 7, 2003
Exceptions to Ordinance (by map)
Parking Permits and Fee
Publish Summary October 15, 2003
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 3 of 10
Ordinance Effective Date (15 days) October 29, 2003
IMPACTED RESOLUTIONS: As shown above, two resolutions associated with the
snow removal program need to be rescinded.
Resolution 97-115 details the streets in St. Louis Park which are exempt from the parking
ban. The resolution contains a list of exempt streets and a map showing their location
within the City. Staff is not proposing any changes to the exempt areas.
Resolution 97-116 details the permit program and associated fees. The current permit
program provides two free permits for residents with no off-street parking, and one free
permit for residents with off-street parking for only one vehicle. Operations staff conducts
a sight inspection of the property for all free permit applications. Additional permits can
be purchased for a fee. Since the adoption of the permit program in 1997, the additional
permit fee has been $100. Staff is proposing to keep the $100 fee for these permits
through the end of 2003. Staff is proposing creations of Caregiver Permits to be provided
for $25.00 each through the end of 2003. For 2004, Council will set these fees at the same
time they do all the other fees in the City (tentatively scheduled for October 13th and 20th).
Permits are valid for the winter season for which they are issued (i.e., Fall 2003 through
Spring 2004).
ATTACHMENTS: Proposed Snow Removal Parking Restrictions Ordinance
Summary Publication
Exceptions to Ordinance (by map) Resolutions (supplemental)
Parking Permits and Fee Resolutions
Resolution No. 97-115 and No. 97-116 (supplemental)
Resolution Rescinding Resolution No. 97-115 & No. 116
Prepared By: Mark P. Hanson, PW Operations Superintendent
Kirk DiLorenzo, Police Captain
Reviewed By: Tom Scott, City Attorney
Through: Michael P. Rardin, Director of Public Works
John Luse, Police Chief
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 4 of 10
ORDINANCE NO. ___________
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING SNOW REMOVAL PARKING RESTRICTIONS
AMENDING ST. LOUIS PARK ORDINANCE CODE SECTION 30-158
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. The St Louis Park Ordinance Code, Section 30-158 is
hereby amended to read as follows:
(1) Definition of Street: Street as used in this section shall mean the entire
right-of-way, including sidewalks, boulevards, curb and gutter as well as the
traveled portion of any City street, alley, highway, thoroughfare, county road, or
state highway within the City of St. Louis Park.
(2) Snow Fall Parking Restrictions:
(a) Except as provided in Subparagraph (b) and (c) herein, no person
shall park a vehicle on any public street anytime after a snowfall of
three (3) inches or more has accumulated, until the street has been
plowed curb to curb.
(b) The City Council will establish by resolution the public streets which
are not subject to the snowfall parking ban. The exempted streets will
generally be non-residential streets and residential streets without off-
street parking.
(c) The City Manager or designee is authorized to issue parking permits
allowing on-street parking adjacent to the permittee’s residence when
the snow fall parking ban is in effect. The permits may only be
issued to City residents who do not have off-street parking available
to them. Each permit will be issued for an identified vehicle and must
be displayed in the vehicle. No more than two vehicle permits will be
issued for each residential dwelling unit, except as provided in
subparagraph (d) herein.
(d) In addition to permits authorized in subparagraph (c) herein, the City
Council may by resolution authorize the issuance of parking permits
allowing on-street parking adjacent to the permittee’s residence when
the snowfall parking ban is in effect. The additional permits may be
allowed by resolution when either the residential dwelling does not
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 5 of 10
have adequate off-street parking or does not have any off-street
parking and permits for more than two vehicles is determined to be
appropriate. The council shall establish the appropriate fee for these
permits by resolution.
(3) Obstruction of Street by Private Snow Plowing Removal Prohibited. No
person shall deposit any snow or ice, plowed or removed from private property,
onto a public street.
(4) Parking Interference with Clean-Up Snowplowing. No person shall park
any vehicle on a public street within 50 feet of any area of a public street which is
unplowed after City equipment has previously plowed snow and ice from other
portions of said street, nor otherwise park in such a manner as to interfere with
City clean-up snowplowing operations.
(5) Off-Street Parking Areas and Private Streets. No person who is an owner
or manager of the premises shall allow or permit snow and ice accumulation in an
area of required off-street parking under the provisions of the Zoning Ordinance or
a special permit issued thereunder or private streets established under a special
permit in such a manner as to reduce such private street area or the number of
parking stalls available for such use, commencing 24 hours after the cessation of
snowfall.
(6) Special Posted Now Removal Parking Restrictions. In addition to the
parking ban set forth in Subsection (2) herein, the City Manager or designee is
authorized to post no parking signs for snow removal along public streets of the
City where snow removal operations will require the use of the entire width of the
street by snow plowing and removing the equipment. Such signs shall be posted at
frequent intervals at least four (4) hours prior to the time when snow removal
commences on the street so posted, and such signs shall be removed promptly after
completion of the snow removal operation. Snow removal shall be done on any
street so posted as soon as possible following a lapse of four (4) hours after posting
the signs. No person shall park any vehicle, nor leave any vehicle which was
parked at the time of posting for a period of more than two (2) hours thereafter, of
any block on any street so posted during the time the said signs are posted thereon,
and it shall be unlawful for any person other than an authorized representative of
the City or Police Department of the City to remove said signs.
(7) Snow Emergency. The City Manager or designee is authorized to declare a
snow emergency and to impose parking restrictions on City streets as necessary in
the event curbside snow accumulations cause streets to become impassable to
emergency vehicles or snow removal equipment in conjunction with on-street
parking.
(8) Towing of Vehicles. In addition to the penalty provision imposed for a
violation of this section, vehicles parked on a public street in violation of any
provision of this section may be towed and impounded.
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 6 of 10
SECTION 2. This ordinance shall be effective fifteen (15) days after its passage
and publication.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 7 of 10
SUMMARY
ORDINANCE NO. _____ - 03
ORDINANCE AMENDING SNOW REMOVAL
PARKING RESTRICTIONS AMENDING ST. LOUIS PARK
ORDINANCE CODE SECTION 30-158
This ordinance eliminates the 8:00 a.m. to 5:00 p.m. parking ban after a two inch snowfall.
Parking is now prohibited on public streets at anytime after a three inch snowfall until the
street has been plowed to the curb. The City Council may exempt certain streets by
resolution. The City Manager or designee continues to be authorized to issue permits
allowing on-street parking during the snowfall ban in certain situations. This ordinance is
effective fifteen (15) days after its passage and publication.
Adopted by the City Council October 7, 2003
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Publish: October 16, 2003
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 8 of 10
RESOLUTION NO. ____________
RESOLUTION RESCINDING RESOLUTION NO. 97-115 & 97-116
EXEMPTING STREETS FROM THE 8:00 A.M. TO 5:00 P.M.
SNOWFALL PARKING BAN AND ESTABLISHING PERMIT FEES
WHEREAS, the City Council established a list of streets and a permit system
exempt from the 8:00 a.m. to 5:00 p.m. snowfall parking ban in 1997 by Resolutions 97-
115 and 97-116; and
WHEREAS, the City Council now deems it necessary to eliminate the 8:00 am. to
5:00 p.m. restriction on the hours of the parking ban,
WHEREAS, due to these changes in the snow parking ordinance, Resolutions 97-
115 and 97-116 are no longer current or valid.
NOW, THEREFORE, BE IT RESOLVED the City Council rescinds
Resolutions 97-115 and 97-116.
Reviewed for Administration Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 9 of 10
RESOLUTION NO. __________
RESOLUTION EXEMPTING STREETS FROM
SNOWFALL PARKING BAN
WHEREAS, Section 30-158 of the City Code relating to snow removal parking
authorizes the City Council to establish by resolution streets that are not subject to the
snowfall parking ban; and
WHEREAS, the City Council deems it necessary to exempt various streets from
the parking ban,
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 30-158 of
the City Code, the streets set forth on Exhibit “A” hereto and incorporated herein by
reference are exempted from the three (3”) snowfall parking ban.
Reviewed for Administration Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4a - Snow Ordinance 2nd Reading
Page 10 of 10
RESOLUTION NO. __________
RESOLUTION AUTHORIZING THE ISSUANCE OF AND
ESTABLISHMENT OF FEES FOR PARKING PERMITS
IN ACCORDANCE WITH SECTION 30-158 OF THE CITY CODE
WHEREAS, Section 30-158 of the City Code relating to snow removal parking
restrictions allows the City Council to issue and to establish fees for parking permits when
a residential dwelling does not have adequate off-street parking or does not have any off-
street parking and permits for more than two (2) vehicles is determined to be appropriate;
and
WHEREAS, the City Council wishes to authorize the issuance of these permits
and to adopt a fee intended to recover the City administrative cost associated with permit
issuance plus those extra costs incurred in plowing around and cleaning up after those
vehicles parked on the streets,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
St. Louis Park that pursuant to Section 30-158 of the City Code that:
1. The City Manager or his designee is authorized to issue parking permits allowing
on-street parking adjacent to the permittee’s residence when the snowfall parking
ban is in effect.
2. The fee for a parking permit through December 31, 2003 for one (1) vehicle for the
winter season is established to be $100.00.
3. The fee for a parking permit through December 31, 2003 for one (1) caregiver
vehicle for the winter season is established to be $25.00.
Reviewed for Administration Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4b - 2003 Election Judges Appointment
Page 1 of 5
4b. Motion to adopt a resolution appointing election judges for the Municipal and
School Board election to be held November 4, 2003.
Background:
Minnesota Statutes and City Charter require that election judge appointments be made at least 25
days before the election at which the judges will serve. The attached resolution contains the
names of individuals who have been selected to serve as election judges at this fall’s election.
We have completed updating and verifying the City’s election judge availability and party
affiliation. Because we are expecting a relatively low voter turnout (approx 30%), fewer judges
are needed for this election.
Beginning in 1999, the City Clerk staff put into place a standardized process for recruitment,
selection, training and evaluation of election judges that works much like a standard employment
process. This process has done much to improve the quality of our election judge program. Pay
level for this election remains at the same level as last year, but the City Manager’s proposed
2004 budget includes a pay increase for all election judges effective next year.
Council may note that the resolution does not contain party affiliation. Cities have received a
ruling from the Attorney General’s Office that party affiliation is classified as private employee
data and accessible only to the subject of the data and city staff with a reasonable need to know.
Our staff has taken party affiliation into account in placing judges and the attached list of
election judges are balanced by party at each poll.
Attachments: Resolution
Appointment Criteria
Prepared by: Cindy Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4b - 2003 Election Judges Appointment
Page 2 of 5
ELECTION JUDGE PLACEMENT CRITERIA
2003 Election Year
Statutory Requirements:
• Live in Hennepin County
• Party Balance at Polls
• Qualified to Vote in the Election
Required Qualifications for Election Judge:
• Ability to sit or stand for long periods of time
• Ability to understand and follow City, County, State and Federal election laws, regulations
and procedures
• Ability to interact appropriately with the public, co-workers and election staff
• Ability to clearly communicate rules, regulations, answer questions and resolve
problems and conflicts
Required Qualifications for Chair and Co-Chair:
• Ability to supervise and direct activities of others in the polling place
• Ability to interpret rules and procedures and apply in practical situations
• Experience operating computerized equipment
• Ability to maintain composure and focus in stressful situations
• Ability to resolve problems and conflicts
Other Considerations:
• Residency
• Appointments made to home precinct when possible
• Local elections are considered good opportunities for training Chairs and Co-Chairs
• Past performance in the polling place
• Comments received from public and co-workers in previous elections
• Completeness and legibility of application materials
• Placement of experienced SLP judges is based on qualifications and past performance
• Placement of new judges is based upon qualifications and a telephone or in-person interview
St. Louis Park City Council Agenda
Item: 100703 - 4b - 2003 Election Judges Appointment
Page 3 of 5
RESOLUTION NO. 03-______
A RESOLUTION APPOINTING ELECTION JUDGES FOR
MUNICIPAL AND SCHOOL BOARD ELECTION OF 2003
WHEREAS, The municipal and school board election will be held on November 4, 2003
and the City must appoint judges no later than 25 days before each election by resolution of the
City Council:
NOW THEREFORE BE IT RESOLVED, that the following persons have agreed to serve
as election judges and are hereby appointed to serve.
Poll # Precinct Location Last Name First Name Position
1 Benilde-St. Margaret Schoen Lou Chair
Steege Richard Co-Chair
Engleson June Judge
Enz Mary Judge
Kahm Jane Judge
2 Peter Hobart Kusnetz Robert Chair
Rheinhart Ethel Co-Chair
Hinz Todd Judge
Marsden Rick Judge
Muszynski Mary Ann Judge
3 Groves Academy Gormley Maureen Chair
Bloom Janice Co-Chair
Bratland Rose Judge
Kasan Edward Judge
Murman Jeffrey Judge
4 Groves Academy LaPray Jami Chair
Novotney Dolores Co-Chair
Drache Kay Judge
Kurtz Hamilton Judge
Malcomson Nanette Judge
Murman Gloria Judge
5 City Hall Berthene Sandra Chair
Gleekel Barbara Co-Chair
Morris Gloria Judge
Ruhl Barbara Judge
Stapleton Kris Judge
6 City Hall Juntunen Jan Chair
Ross Louise Co-Chair
Aslakson Barbara Judge
Brehmer David Judge
Schroeder Vernette Judge
Tucker Linda Judge
St. Louis Park City Council Agenda
Item: 100703 - 4b - 2003 Election Judges Appointment
Page 4 of 5
Poll #
Precinct Location
Last Name
First Name
Position
7 SLP Rec Center Plumeri Margaret Chair
Wagner Catherine Co-Chair
Goldstein Gail Judge
Varner Sim E. Judge
Walsh Carol Judge
8 Susan Lindgren Bloom Jon Chair
Vitale Kristine Co-Chair
Carlson Lawrence Judge
Manuel Julie Anne Judge
Welch Rita Judge
9 Aldersgate UMC Carlson Donna Chair
Larson David Co-Chair
Bjorgaard Deb Judge
Cox David L. Judge
Kurtz Kirsten Judge
10 Prince of Peace Tape William Chair
Deane Betty Co-Chair
Byrd Kathleen Judge
Hill Geraldine Judge
Johnson Carol Judge
11 SLP High School Nelson Dorothy Chair
Serrell Judith Co-Chair
Galbraith Ardis Judge
Nalezny Lois C Judge
Noyes Patsy Judge
12 Lenox Otterblad Patricia Chair
Meyers Sally Co-Chair
Berglund Brenda Judge
Thiessen Katherine Judge
Smits George Judge
13 Aquila Williams Michael Chair
Bjoraker Erik Co-Chair
Grove Henry Judge
Shoger Rachel Judge
Worthingham Vivian Judge
14 Westwood Lutheran Stulberg Jean Chair
Posz Albert Co-Chair
Larson Sharon Judge
Tanick Paul Judge
St. Louis Park City Council Agenda
Item: 100703 - 4b - 2003 Election Judges Appointment
Page 5 of 5
Poll #
Precinct Location
Last Name
First Name
Position
Wheeler Mary Judge
15 Peace Presbyterian Martens Brenda Chair
Rubinstein Esther Co-Chair
Bierma Shirley Judge
Carlson Cheryl Judge
Skelton Bonnie Judge
Solarz Dan Judge
16 SLP Junior High Christensen Mary Lou Chair
Plovnick Ross Co-Chair
Disch Bob Judge
Hartman Michele Judge
Mayes Nancy Judge
Swenson Joyce Judge
17 Eliot Desens Helen Chair
Max Marilyn Co-Chair
Slocum Steve Judge
Stalling Geri Judge
Wickersham Mary Judge
Absentee/NH Board Berlin Nancy Judge
Huiras Ken Judge
Ploof Patricia Judge
Tangney Alice Judge
Alternates Johnson Millie Judge
Lipson Harvey Judge
Polach Janet Judge
Quilling Shirley Judge
Wallentine Sandra Judge
Weinstein Sheldon Judge
Reviewed for Administration:
Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 1 of 8
4c. Motion to adopt a resolution approving a minor amendment to the Planned
Unit Development for the construction of an interim parking lot in an open
area south of the medical building at 3900 Park Nicollet Blvd., subject to
conditions in the resolution.
On August 2, 1993, the City Council adopted Resolution # 93-117 granting approval of Phase I
of a PUD to develop Park Nicollet Medical Center. A Master Plan for future Phase II was also
approved, however this phase requires subsequent approval by the City Council.
Park Nicollet is now requesting an amendment to the PUD to construct a 46 stall interim parking
lot directly south of the four story brick building at 3900 Park Nicollet Blvd. The location of the
proposed parking lot was approved as an open courtyard during Phase I. In the Master Plan,
future construction plans propose a four level building expansion to the 3900 building, over the
courtyard (See the attached Master plans). The parking lot is designed to have one entry/exit and
one way circulation around 4 rows of parking. This lot is proposed to be an interim lot built to
alleviate current patient and staff parking needs. To accommodate increasing future parking
needs Park Nicollet plans to expand the EDA owned parking ramp on their campus. Recent
ramp testing has confirmed that two levels can be added to the ramp. However, that
consideration will require a future public process. The interim surface lot proposed requires a
Minor Amendment to the PUD. No off-site impacts are anticipated, so a Planning Commission
public hearing is not required.
Issues:
• Are the proposed changes consistent with the original approvals for the project?
• Does the proposal meet Zoning Ordinance conditions for a minor amendment?
• Does the proposal meet all Code requirements?
• Are there other issues?
Issues Analysis:
• Does the proposal meet Zoning Ordinance conditions for a minor amendment?
The Zoning Ordinance allows for minor amendments to Planned Unit Developments if the
proposed changes or modifications do not have an effect on the approved uses, required parking,
floor area ratios, ground floor area ratios, open space, modifications to section requirements, or
changes resulting in off-site impacts.
The location of the proposed parking lot is currently open space. However, only a portion of this
space was included when calculating the amount of open space provided on site. This is because
a majority of the area is proposed to be used for a future building expansion. The proposed lot
will remove some open space west of the parking lot. However, staff has determined that the
entire campus will continue to meet or exceed open space requirements. Therefore staff believes
that a minor amendment is appropriate.
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 2 of 8
• Are the proposed changes consistent with the original approvals for the project?
The proposed amendment would add approximately 46 parking spaces to the campus on an
interim basis. According to the applicant this parking lot would be “temporary” until additional
parking can be added to the campus (perhaps as long as 5 years). A building expansion is still
planned for this location as originally approved, however the timing of this project is uncertain.
Per the Zoning Code parking lots are only considered “temporary” if they operate for less than 6
months or during an active construction project. Since this lot is expected to remain for several
years it must be treated as permanent. Therefore staff reviewed it for conformance with all
permanent parking lot standards.
• Does the proposal meet all Code requirements?
The parking lot drawings meet ordinance design standards. The lot will be paved and curbed.
Landscaping including maples and various shrubs are proposed to be planted in curbed islands
inside the parking lot, meeting internal landscaping requirements. Approximately 7 existing
Locust trees are proposed to be transplanted. Two of these are proposed to be relocated on the
east side of the parking lot. The remaining are to be relocated elsewhere within the Park Nicollet
Campus. The City Forester reviewed the plans and believes the trees should transplant fine with
the proper “healing in”. He also recommended the existing trees be protected with orange plastic
fencing placed around the drip line of the trees. Staff has included this as a condition of
approval.
Public Works has been working with the applicant with the storm water requirements. The
applicant has submitted documentation stating their intent to satisfy the storm water
requirements. Based upon this documentation, Public Works believes the City’s storm water
requirements can be met within the parking lot and has agreed to continue working with them
until the requirements are met. Staff is recommending that these requirements be met prior to
beginning any site work.
• Are there other issues?
Public Works expressed concern regarding added traffic to the private roadway intersection
south of the proposed parking lot, just north of McDonalds and the potential for service
degradation during peak hours. The applicant conducted a traffic operations analysis to evaluate
the likely impacts as a result of the proposed parking lot. The conclusion was that traffic
operations at the intersection will not be substantially affected by the parking lot. Some of the
factors used to determine this are that most of the users of the new lot are not “new traffic, but
relocated from the existing parking lot, there are alternative routes for the clinic traffic, and there
is a relatively short peak hour conflict (See attached analysis).
The analysis did identify some traffic control steps that could be implemented to mitigate any
possible added traffic impacts to the intersection. These include:
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 3 of 8
1. Install Stop Sign- West bound on “McDonalds” road.
2. Install “No Left Turn” or “No Left Turn 11 a.m. – 1 p.m.” sign at parking lot exit and/or
McDonald’s drive thru exit.
3. Construct right turn in/out island at parking lot exit.
The City Engineer reviewed the traffic analysis and recommended that a sign at the exit of the
new parking lot to restrict left turns during the 11-1 time period be installed with the construction
of the new lot. In addition, Public Works will continue to evaluate traffic operations at this
intersection to determine if traffic from the parking lot further degrades the roadway service at
this intersection. If it does, Public Works would recommend as a future condition that the
applicant restrict left turns by constructing the island. These recommendations have been
included as conditions on the resolution.
Recommendation:
Staff is recommending approval of the Minor Amendment subject to the conditions in the
resolution.
Attachments:
• Location Map
• Resolution
• PUD Master plans (Supplement)
• Development Plans & traffic analysis (Supplement)
Prepared by: Julie Grove, Associate Planner,
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 4 of 8
Location Map
E X C E L S IO R B L V DPARK CENTER
AUTO CLUB WAY 3 9 T H S T W
PARK NICOLLET BLVD#
Proposed Parking Lot
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 5 of 8
RESOLUTION NO.__________
Amends and Restates Resolution Nos. 93-117 and 96-180
A RESOLUTION AMENDING AND RESTATING RESOLUTION NOS. 93-
117 ADOPTED ON AUGUST 2, 1993 AND NOVEMBER 18, 1996
AMENDING A FINAL PLANNED UNIT DEVELOPMENT UNDER SECTION
36-367 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO
ZONING TO ALLOW AN INTERIM PAVED PARKING EXPANSION FOR
PROPERTY ZONED C2 - GENERAL COMMERCIAL LOCATED 3900 PARK
NICOLLET BOULEVARD
WHEREAS, Park Nicollet Health Systems has made application to the City Council for a
Minor Amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of
the St. Louis Park Ordinance code to allow an interim paved parking expansion at 3900 Park
Nicollet Boulevard within “O”, Office, C-2, General Commercial and RC, Multi-Family
Residential Zoning Districts having the following legal description:
Lots 1-5, Block 1, Tower Place
WHEREAS, the City Council has considered the information related to Planning Case
No. 03-49-PUD and the effect of the proposed interim parking expansion on the health, safety,
and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions,
the effect on values of properties in the surrounding area and the effect of the use on the
Comprehensive plan; and
WHEREAS, a Final PUD for Phase I - Park Nicollet Medical Center was approved
regarding the subject property to permit Phase I of a medical clinic pursuant to Resolution No.
93-117 of the St. Louis Park City Council dated August 2, 1993 which contained conditions
applicable to said property; and
WHEREAS, a Final PUD was approved for a portion of Phase II development to allow a
two-story expansion and remodeling of the 3850 Park Nicollet Boulevard medical clinic building
pursuant to Resolution No. 96-180 of the St. Louis Park City Council dated November 18, 1996
which contained conditions applicable to said property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that Final PUD; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution Nos. 93-117 and 96-180, to add the amendments now required, and
to consolidate all conditions applicable to the subject property in this resolution; and
WHEREAS, the contents of Planning Case Files 93-18-PUD, 96-26-PUD, and 03-49-
PUD are hereby entered into and made part of the public hearing and the record of decision for
this case.
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 6 of 8
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution Nos. 93-117 (document not
filed) and 96-180 (filed as Document No. 6683405) are hereby restated and amended by this
resolution which continues and amends a Final Planned Unit Development to the subject
property for the purpose of permitting an interim paved parking expansion within the C-2,
General Commercial Zoning District at the location described above based on the following
conditions:
The Final PUD to permit Phase I of a medical clinic at the location described is granted
based on the findings set forth above and subject to the following conditions:
1. Approval of the Indirect Source Permit for Phase I and Phase II of the project as
approved in the preliminary PUD by the Minnesota Pollution Control Agency.
2. Approval of the roadway improvement plans submitted as part of the Indirect Source
Permit application by the Minnesota Department of Transportation and the Hennepin
County Department of Transportation.
3. Approval by the City and execution of a development agreement between the City,
PNMC Holdings and Frauenshuh Companies which identifies responsibilities of each
relating to the project.
4. Approval of the final plat of Tower Place.
5. Vacation of West 39th Street.
6. EDA redevelopment agreements with PNMC Holdings and Frauenshuh Companies are
incorporated herein by reference to the extent they are compatible with the development
agreement and the conditions of approval of this resolution. City Council intent is to
implement both redevelopment and development agreement and give effect to all
provisions of each.
7. The approval of this Final PUD applies only to those elements listed as Phase I
improvements on Exhibit A – Master Plan Phase I to be completed by PNMC Holdings.
Final PUD approval for retail and theater development by Frauenshuh Companies on
Lots 6 & 7 and Phase II of PNMC Holdings development will required subsequent
approval by the City. (amended by condition 12 on 10/7/03)
8. Development of Phase I on Lots 1-5 Tower Place Addition shall be in accordance with
the following exhibits:
Exhibit A – Master Plan, Phase I (Sheet MP1)
Exhibit B – Master Plan, Phase II (Sheet MP2)
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 7 of 8
Exhibit C – Site Layout (Sheets C2.1, C2.2, C2.3)
Exhibit D – Site Utilities (Sheets C3.1, C3.2, C3.3)
Exhibit E – Site Grading (Sheets C5.1, C5.2, C5.3)
Exhibit F – Landscape Planting (Sheets L0, L2.1, L2.2, L2.3)
Exhibit G – Landscape Irrigation (Sheets L3.1, L3.2, L3.3)
Exhibit H – Lighting Plans (Sheets E1, E2, E3, E4)
Exhibit I – Building Elevations (Sheets A3.01W, A3.01P, A3.01M, A3.02M)
The Final PUD for a portion of Phase II development to allow a two-story expansion and
remodeling of the 3850 Park Nicollet Boulevard medical clinic building is granted based on the
findings set forth above and subject to the following conditions:
9. The site shall be developed, used and maintained in accordance with the Approved Final
Plan Exhibits for Phase I Tower Place (Case No. 93-18-PUD as approved by Resolution No. 93-
117) except that references to the West Building shall be amended to include 4 approved levels
and Exhibit I: Building Elevation Sheet A.301W (West Building) shall be replaced by Exhibits J
and K: Partial Phase II Building Elevations as incorporated by reference herein.
10. All exterior building materials for the two additional floors and additional skyway level
shall match materials used on the existing building and skyway.
11. The redevelopment agreement with the EDA/City shall be amended prior to issuance of
building permits to reflect the approved addition and address and define more specifically the
applicant's responsibilities to assist in paying for off-site infrastructure improvements including
the widening of the Excelsior Boulevard bridge over Highway 100.
12. The Planned Unit Development shall be amended on October 7, 2003 to permit an
interim paved parking lot, incorporate all of the preceding conditions and add the
following conditions:
a. The interim parking lot shall be developed, used and maintained in accordance
with Exhibits J-M such documents incorporated by reference herein.
b. Prior to any site work, developer shall:
i. Obtain a Watershed District permit, if required.
ii. Install required silt and tree protection fencing.
iii. Submit a revised site plan that incorporates a curb design for angled
parking stalls as approved by the Zoning Administrator.
iv. Final storm water calculations must be submitted and approved by the
Public Works Director.
c. Prior to starting site work the following conditions shall be met:
i. Sign assent form and revised official exhibits.
St. Louis Park City Council Agenda
Item: 100703 - 4c - PUD amend. for Park Nicollet Parking Lot
Page 8 of 8
ii. Submit financial security in the form of cash escrow or letter of credit in
the amount of 125% of the costs of landscaping and signage and additional
cash escrow for cleaning public streets in an amount determined by Public
Works.
d. The developer shall comply with the following conditions.
i. 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.
ii. The site shall be kept free of dust and debris that could blow onto
neighboring properties.
iii. Public streets shall be maintained free of dirt and shall be cleaned as
necessary.
iv. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
e. The developer must install signage at the parking lot exit prohibiting left turns
between 11:00 a.m. and 1:00p.m. as approved by the Public Works Director.
f. Should the Public Works Director determine traffic is a problem in the future, the
City may required the developer to install a right turn in/out island at the parking
lot exit at the developer/owners expense.
g. The developer or owner shall pay an administrative fine of $750 per violation of
any condition of this approval.
Adopted by the City Council October 7, 2003
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Reviewed for Administration:
_______________________________
City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4d - TWC Franchise Renewal Standstill Agreements
Page 1 of 2
4d. Time Warner Cable TV Franchise Renewal Standstill Agreements – Motion to
Approve Standstill Agreements Regarding Renewal Process and Use of MCN
Channel 6
Background:
At its September 22, 2003 study session, staff and Decision Resources Limited made a
presentation to the City Council regarding results of the recent Business Telecommunications
Needs survey. Staff also indicated at that meeting that the renewal process between Time Warner
Cable (TWC) and the City had begun, and that the business survey was one part of the needs
assessment and overall renewal process. The purpose of this report is to update Council on this
process, and recommend that Council approve two agreements related to the process and
provision of services to multiple dwelling units.
Renewal Process:
Federal regulations provide the opportunity for the City and TWC to proceed through the
renewal using either a Formal or Informal Process. In essence, experience indicates the Formal
Process is more expensive and more rigid than the Informal Process. The Informal Process is
typically the process of choice for parties involved in renewals, and requires less rigidity and
formal action than the Formal Process. TWC and City representatives have agreed that it would
be preferable to begin the renewal proceedings under the Informal Process, while preserving
each party’s right to reinstate the Formal Process should the Informal Process fail. It is typical
that parties to a cable TV franchise renewal choose this approach. A standstill agreement to this
effect is a clear method to establish this.
Multiple Dwelling Units and Channel 6:
For several months, the City and TWC have been discussing the use and potential expanded use
of Metropolitan Cable Network (MCN) Channel 6 for security camera purposes at Multiple
Dwelling Units (MDU’s) in the City. It is the City’s interpretation of State law that MCN 6
programming cannot be pre-empted for such purposes by TWC. TWC disagrees with this
interpretation. Following much discussion, City and TWC staff have concluded that it is in the
best interest of both parties to enter into a standstill agreement whereby both parties recognize
this different interpretation, and whereby TWC will no longer work with MDU’s to use Channel
6 for security camera purposes or receive any fees from MDU’s for related services. City staff
feel this action reflects the intended use of MCN Channel 6.
City Attorney and Telecommunications Advisory Commission Review:
The City Attorney and Telecommunications Advisory Commission (TAC) have been involved in
both proposed standstill agreements and developments leading up to them. Much of the drafting
and review of these agreements was completed by the City Attorney. The City Attorney and
St. Louis Park City Council Agenda
Item: 100703 - 4d - TWC Franchise Renewal Standstill Agreements
Page 2 of 2
TAC are in support of both standstill agreements, and feel their approval is in the best interest of
the City at this time.
It should also be noted that the City and TWC are in the process of exchanging “business points”
(what conditions / requirements each party would like to see as part of the franchise renewal
process). The current franchise is scheduled to expire in February 2005.
Recommendation:
As a result of the above analysis, it is staff’s recommendation that Council approve the City
entering into the attached two standstill agreements: one relating to the Informal / Formal
Process for franchise renewal, and the other related to use of MCN Channel 6 at multiple
dwelling units.
Attachments:
Standstill Agreement to Pursue Informal Franchise Renewal Procedures
Standstill Agreement Regarding Franchise Compliance with Time Warner Cable
Prepared by: Clint Pires, Director of Technology and Support Services
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4e - Creekside Neighborhood Stop Sign Installations
Page 1 of 2
4e. Traffic Study No. 585: Motion to adopt the attached resolution authorizing the
installation of stop signs at Brunswick Avenue & W. 41st Street and Alabama
Avenue & W. 42nd Street
Background: City staff received a petition from the Creekside neighborhood requesting the
installation of 4-way Stop signs at the intersections of Brunswick Avenue & W. 41st Street and
Alabama Avenue & W. 42nd Street. These intersections currently are not controlled by any Stop
signs. The primary reason cited for these requests was cut-through traffic.
Analysis: Staff compiled existing traffic data and signage for the area. Upon analysis, the
traffic volumes were found to be relatively low, and therefore, staff felt that the current situation
(no Stop signs) was appropriate.
The City’s Traffic Control Policy contains a provision that Stop signs may be installed upon the
receipt of a petition signed by at least 70% of the residents within a 600-foot radius of the
intersection. This criterion was met with the initial petition.
Based on these factors, staff felt that 2-way Stop signs could be supported if they were fit into an
overall “basket-weave” pattern in the neighborhood. A basket-weave pattern is one where a
vehicle is stopped only at every other intersection thus facilitating vehicular movement while
prioritizing traffic at intersections.
The City’s Traffic Policy cites the following pertinent criteria used in making this determination:
§ “… intersections with volumes less than 5,000 vehicles per day entering the
intersection, one of the intersecting streets may be controlled (2-way controls) …”
§ “… Stop signs will be considered and allowed as a traffic calming measure in
residential areas when fit into a basketweave pattern in an area or a neighborhood.
This will require area-wide residential involvement to develop and to support this as
an area traffic calming measure or plan. Implicit in this provision is understanding
that some Stop signs may require removal in order to achieve a reasonable and
acceptable basketweave pattern…”
Based on the basketweave pattern, Stop signs could be installed to stop traffic in the north &
south directions at both intersections, (see map). Councilmember Basil met with the
neighborhood representatives on this issue to discuss staff’s recommendation. At that meeting,
the neighborhood agreed with staff’s analysis and requested the City to proceed with installation
of the basketweave Stop signs.
Recommendation: Staff feels that the north/south-bound Stop signs are in keeping with the
Council’s goal of a basket-weave installation and therefore recommends the installation of these
signs as shown in the attached map.
Attachments: Map (Supplement)
Resolution
Prepared by: Maria A. Hagen, City Engineer
Reviewed by: Michael P. Rardin, Director of Public Works
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4e - Creekside Neighborhood Stop Sign Installations
Page 2 of 2
RESOLUTION NO.
RESOLUTION AUTHORIZING THE INSTALLATION
OF STOP SIGNS AT
BRUNSWICK AVENUE & 41ST STREET
AND
ALABAMA AVENUE & 42ND STREET
TRAFFIC STUDY NO. 585
WHEREAS, the City of St. Louis Park, Minnesota has been requested, has studied, and
has determined that the following traffic controls meet the requirements of the City’s policy for
installation of Stop signs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park, Minnesota, that the Director of Public Works is hereby authorized to install stop signs at:
1. On Brunswick Avenue at W. 41st Street; and
2. On Alabama Avenue at W. 42nd Street.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 1 of 6
4f. Motion to approve resolution adopting revised procedures for
City Boards & Commissions
Admin
Purpose of Discussion:
At the study session of September 22, 2003, council and staff discussed proposed changes to the
city’s procedures on boards and commissions. The following changes were directed by council
at that meeting and are now being presented for adoption.
Recruitment and Selection Process:
Section J (application process) has been modified to state that applications will be kept on file
one year.
Section K (interviews) has been modified to delete language stating that all candidates will
receive an interview and replaced with language calling for review of written application
materials by council.
Recognition
Section P (recognition) has been modified to replace the word “event” with “activities” to allow
for broader interpretation and more creative ideas for giving recognition to our active board and
commission members.
Reappointment
Language has been added to Section N (reappointment) stating that performance and attendance
by Board and Commission members requesting reappointment will be considered by the Council
at the time the reappointment request is made. A provision regarding interviews for commission
members seeking reappointment has also been added.
Miscellaneous Housekeeping Revisions
The following minor revisions will bring the document up to date with other council action taken
since adoption of the policy:
Section A. Boards Revise to include Police Advisory Commission
Section E. Qualifications Add provisions from Resolution 01-078 which state city
employees are not eligible for appointment.
Attachments: Board and Commission Procedures (with Proposed Revisions)
Prepared by; Cindy Reichert, City Clerk
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 2 of 6
RESOLUTION NO. 03-_____
A RESOLUTION AMENDING RESOLUTION #01-023
RULES AND PROCEDURES FOR
BOARDS AND COMMISSIONS
WHEREAS, the St. Louis Park City Council has established certain boards and
commissions to serve as advisory to the City Council; and
WHEREAS, the City Council wishes its various boards and commissions to comply with
all regulations to which they are subject concerning conduct of meetings including those
provisions contained in the Minnesota State Statutes, the City Charter and the Municipal Code;
and
WHEREAS, The attached rules and procedures will serve as a guideline for operating
those boards and commissions and set standards for the conduct of staff and commission
members.
NOW THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby
amends the “Rules and Procedures for Boards and Commissions” attached as Exhibit A and shall
adhere to the rules as stated therein unless revised by a majority vote of the City Council.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 3 of 6
Rules and Procedures for Boards and Commissions
Adopted as Appendix A to Resolution No. 03-_____
October 7, 2003
A. Boards
The St. Louis Park City Charter grants the council authority to form various boards and
commissions by ordinance. Boards and commissions serve in an advisory capacity to the city
council and are conferred various degrees of decision making power. The City Council is the
sole policy making body of the city. Some boards and commissions include in their membership
persons appointed by the school board.
Boards and commissions of the city which have been created by ordinance are as follows:
• Board of Zoning Appeals
• Charter Commission1
• Economic Development Authority 2
• Housing Authority
• Human Rights Commission
• Parks and Recreation Advisory Commission
• Planning Commission
• Police Advisory Commission
• Telecommunications Commission
In addition, other ad hoc groups may be formed as needed by resolution of the council.
B. Staff Liaisons
Each board and commission is assigned a staff liaison. Duties of the staff liaison are, in general,
to facilitate or assist in the meetings, to record attendance and to provide information and
direction as requested by the commission. It is also the responsibility of the staff liaison to
inform the city council of any problems or issues that may arise.
C. Membership
Membership requirements are set by ordinance. All board and commission members are
appointed by the council or, in some cases, by the school board. Youth members may be
appointed and are conferred voting status except in the case of the Planning Commission and
Board of Zoning Appeals.
1 The Charter Commission operates under the same rules and procedures with certain exceptions: Charter
Commission members apply to and are appointed by the District Court and are created by and subject to
provisions dictated by state statute rather than city ordinance.
2 The ordinance creating the Economic Development Authority (EDA) specifies that the membership of
the EDA will be comprised of the current membership of the City Council.
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 4 of 6
D. Qualifications
Members must be St. Louis Park residents, but need not have expertise in any particular area.
Willingness to serve and be involved are the most important attributes of members. Per
Resolution #01-078, the city council will not consider applications for appointment to advisory
commissions from regular full-time or part-time employees.
E. Attendance
Regular attendance at meetings is a requirement for continued membership on any board or
commission. Irregular attendance and frequent absences are detrimental to the entire group and
put undue pressure on those members who do attend meetings. Regular attendance allows
members to learn about and discuss issues in depth which contributes to more effective decision
making. Continued absenteeism is considered grounds for dismissal by the council.
F. By-Laws
Each board and commission shall create their own by-laws and meeting procedures. Copies of
the by-laws should be forwarded to the city manager’s office whenever changes are made.
G. Meetings
Meeting times and locations are set according to each commission’s by-laws. A quorum of the
board is made up of a majority of members currently appointed. All meetings will be conducted
in accordance with the Minnesota Open Meeting Law, the City Charter and the Municipal Code
of Ordinances. The proceedings of the meetings should be conducted using standard
parliamentary procedure. The City Council has adopted The Standard Code of Parliamentary
Procedure, as their guide and that publication is available in the clerk’s office. A simplified
summary of these procedures is also available for use by commission chairs and staff liaisons.
H. Minutes and other Records
Minutes of each meeting should be prepared and maintained by the staff liaison or designee.
Following commission approval minutes should be forwarded to the city clerk’s office for
placement on the city council agenda.
All board and commission records must be maintained in accordance with the city’s records
retention policy. Please contact the city clerk’s office if you have questions regarding retention
and preferred storage medium.
I. Annual Report
Each board or commission must report to the council once per year. A written report should be
prepared which includes activities undertaken in the past year and goals for the coming year.
council will then meet with the group in a study session to discuss the report and other issues of
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 5 of 6
concern to the commission. The report should be submitted to council for review prior to the
study session meeting.
J. Recruitment
When a vacancy occurs it is the responsibility of the staff liaison to inform the city manager’s
office of the vacancy. Recruitment is typically done using any combination of advertising
opportunity available. Local newspaper, Park Perspective, direct mailing, neighborhood
newsletter, the city’s website, etc. are all acceptable forms of advertisement.
Applications are maintained by the city manager’s office and are forwarded to interested citizens
upon request. In certain instances a supplemental application may be created to determine
suitability of candidates.
Upon receipt of the application a representative of the city manager’s office will contact the
applicant to acknowledge receipt of the application and to discuss the interview and appointment
process.
Applications will be retained in the active file one year following receipt.
K. Interview Candidate Review Process
Council interviews all applicants for boards and commissions. Written applications are
forwarded to councilmembers for review as openings occur. Councilmembers will inform the
city manager’s office of the candidates they wish to interview based upon their review of written
materials. Interviews are done on an “as needed” basis, conducted by the city council, usually
prior to a Monday evening meeting. Interviews are conducted by the city council. Following the
interview the city manager’s office will mail a thank you letter to each applicant with
information regarding next steps in the process.
L. Appointment
Appointments are made by the city council at a regular meeting of the council. Council will
inform the city manager’s office when an appointment is to be made so that the appointment can
be added to the city council agenda.
Following the appointment the city manager’s office will contact the new member and inform
them of their appointment. A copy of the application will also be forwarded to the staff liaison.
The staff liaison will provide the new member with meeting information and discuss
expectations and pertinent issues with them prior to the next meeting of the board or
commission.
St. Louis Park City Council Agenda
Item: 100703 - 4f - Board and Commission Procedures
Page 6 of 6
Appointments are sometimes made to unexpired terms, and often more than one vacancy exists
on a commission. In that case, the specific term occupied by the new member is determined by
the commission and communicated to the city manager’s office.
M. Rosters
The staff liaison is responsible for keeping an up to date roster of the commission which should
include contact information, term of office and date of appointment. When information on the
roster changes, a change form should be completed and forwarded to the city manager’s office.
N. Reappointment
Reappointments are made as needed by the city council. Performance and attendance by Board
and Commission members requesting reappointment will be considered by the Council. Council
may choose to reinterview any commission member as a means to determine whether the
commission member should continue to serve. A member may continue to serve beyond their
expiration date until a reappointment is made.
O. Resignation
When a resignation occurs, a change form should be completed and forwarded to the city
manager’s office along with a copy of any correspondence that may have been received. The
city manager’s office will then initiate recruitment to fill the vacant position. A member may
continue to serve beyond their expiration date until a successor is appointed.
P. Recognition
At the beginning of each year council will recognize members who have left their position
during the prior year. Every two years, The city and school volunteer coordinators will plan an
appreciation event activities for all commission members every two years.
St. Louis Park City Council Agenda
Item: 100703 - 4g - Final Payment to Hardrives, Inc.
Page 1 of 1
RESOLUTION NO. ______________
RESOLUTION ACCEPTING WORK ON
EXCELSIOR BOULEVARD, PHASE 2 CONSTRUCTION
MONTEREY AVENUE TO FRANCE AVENUE
CITY PROJECT NO. 96-22
CONTRACT NO. 14-98
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated April 6, 1998, Hardrives, Inc. has
satisfactorily completed the construction of Excelsior Boulevard/Phase 2 Monterey Avenue to
France Avenue, as per Contract No. 14-98.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is
directed to make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4h - Louisiana Oaks Final Payment
Page 1 of 1
RESOLUTION NO.
RESOLUTION ACCEPTING WORK FOR
CONSTRUCTION OF
LOUISIANA OAKS PARK BUILDING
CITY PROJECT NO. 200226800
CONTRACT NO. 88-02
American Liberty Construction, Inc.
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated July 1, 2002, American Liberty Construction,
Inc. has satisfactorily completed construction of the Louisiana Oaks Park building, as per
Contract No. 88-02.
2. The Director of Parks and Recreation has filed her recommendations for final acceptance of the
work.
3. The work completed under this contract is accepted and approved. The City Manager is
directed to make final payment on the contract, taking the contractor's receipt in full.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 4i - Park Commons Sidewalk Contract
Page 1 of 1
4i. Bid Tabulation: Motion to designate BCG Construction the lowest responsible
bidder and authorize execution of a contract with the firm in the amount of
$92,966.90 for Park Commons Drive Sidewalk Construction & Lighting Installation
– City Project No. 03-11
Background: Bids were received on September 30, 2003 for the construction of sidewalk and
installation of decorative lighting along Park Commons Drive, between Monterey Drive &
Wolfe Parkway and from Wolfe Parkway to Quentin Avenue. New sidewalk in these locations
will facilitate pedestrian traffic to and from the Excelsior & Grand area as well as complement
the streetscape improvements being installed by the developer along the southern side of Park
Commons Drive.
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 September 11 & 18, 2003, and in the Construction Bulletin
on September 12 & 19, 2003. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
BCG Construction $92,966.90*
Ron Kassa Construction $105,644.00
Thomas & Sons Construction, Inc. $116,088.55
Engineer’s Estimate $115,717.00
** Denotes Engineer’s correction upon extension
Evaluation of Bids: A total of three companies submitted bids. BCG Construction has not
performed work for the City in the past nor has performed other municipal work. City staff is in
the process of contacting the references provided to determine the quality and acceptability of
their work.
Construction Timeline: The contractor anticipates beginning work within the next few weeks.
The majority of work should be completed yet this Fall.
Recommendation: Staff has determined that BCG Construction submitted the lowest bid and
recommends a contract be awarded to the firm in the amount of $92,966.90.
Prepared By: Maria Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4j - BOZA Minutes of August 28, 2003
Page 1 of 4
MINUTES AUGUST 28, 2003
BOARD OF ZONING APPEALS
CITY OF ST. LOUIS PARK
The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on
Thursday, August 28, 2003, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St.
Louis Park, Minnesota.
Members Present: Chair Susan Bloyer
Vice Chair Ryan Burt
Commissioner Tom Powers
Commissioner Paul Roberts
Members Absent: Commissioner James Gainsley
Staff Present: Gary Morrison, Assistant Zoning Administrator
Tara Olson, Community Development Secretary
1. CALL TO ORDER – ROLL CALL
Chair Bloyer called the regular meeting to order at 7:01 p.m.
2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES
Motion by Commissioner Roberts, seconded by Commissioner Burt, to approve the following
minutes as presented.
1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated July
24, 2003.
Motion Carried. Voting Yes: Bloyer, Burt, Powers and Roberts. Voting No: None.
3. CONSENT AGENDA
None
4. PUBLIC HEARINGS/COMMITTEE BUSINESS
A. Case No. 03-30-VAR – The request of Charles & Leesha Reineke and Richard &
Mary Atkins to withdraw their appeal of staff's interpretation of Section 36-74(f)(1) that
the finished side of a fence constructed at 7312 & 7314 Minnetonka Blvd. is facing toward
the neighbor's property.
St. Louis Park City Council Agenda
Item: 100703 - 4j - BOZA Minutes of August 28, 2003
Page 2 of 4
Mr. Morrison stated that at this time staff has received a letter from Mr. and Mrs. Reineke and
Mr. and Mrs. Atkins requesting their application to be withdrawn.
Motion by Commissioner Powers, seconded by Commissioner Roberts, to close the public
hearing and accept letter of withdrawal from Mr. and Mrs. Reineke and Mr. and Mrs. Atkins.
Motion Carried. Voting Yes: Bloyer, Burt, Powers and Roberts. Voting No: None.
B. Case No. 03-53-VAR - The request of Kim Hochstein for a variance from the
requirements of Section 36-405(b) of the Ordinance Code relating to zoning to construct an
addition to a non-conforming structure for property located in the “C-2” General
Commercial District at 4046 & 4050 Brookside Avenue.
Mr. Morrison presented the report and concluded that all 7 criterion have been satisfied, staff
recommends approval of the attached Resolution #9-03 approving the request for a variance from
the requirements of Sections 36-405(b) of the Ordinance code relating to zoning to allow an
1,800 square foot addition to an existing non-conforming building at 4046 and 4050 Brookside
Avenue be approved subject to the following conditions:
1. The addition be constructed no closer than 5 feet to the front yard property line.
2. The exterior of the addition be constructed of cement stucco to match the material and
design as the existing building.
3. The addition be constructed in accordance to Exhibit A site plan stamped and dated
approved August 28, 2003.
4. Prior to issuance of a building permit, the 4046 and 4050 properties must be combined
and deed restrictions for parking on 4054 recorded.
Chair Bloyer asked staff if the building at 4046 Brookside were to burned down or become
damaged by a tornado would the existing building need to be rebuilt five feet from the front yard.
Mr. Morrison stated that if a building were destroyed more than 60% it would have to be rebuilt
to city code.
Chair Bloyer stated that it is regardless to any given variances.
Mr. Morrison stated that by granting this variance it would make the building conforming to city
code unless you would like to stipulate in the variance that it would expire upon removal of the
building, redevelopment of the property or the destruction of the building.
Chair Bloyer asked staff if there was a rear buffer yard requirement?
Mr. Morrison stated there is not a rear buffer yard requirement because the property directly
behind is zoned C2-General Commercial District.
St. Louis Park City Council Agenda
Item: 100703 - 4j - BOZA Minutes of August 28, 2003
Page 3 of 4
Commissioner Powers stated that two of the properties are combined and would like to know if
the parking lot is a separate property?
Mr. Morrison stated the parking lot is a separate parcel. City Staff looked at combining all three
properties but that must be done through a formal subdivision process. Where as, combining two
properties can be done administratively which is an easier and less time consuming process for
the applicant. The applicant has chosen to have a document recorded for the third parcel
(parking lot) which will dedicate the site to the adjacent property to the north.
Commissioner Powers asked staff if the three properties would be tied together?
Mr. Morrison stated that they would be tied together.
With no more questions, Chair Bloyer opened the public hearing.
Kim Hochstein, applicant of 4046 and 4050 Brookside Avenue stated that his father has owned
and operated the business of Ideal Refrigeration on the property of 4046 Brookside Avenue since
1952. Three years ago he had purchased the property and the business from his father and
brought the existing building to city code standards. The two existing homes next door have
been zoned Commercial for many years and have been in a dilapidated condition for a long time.
Both neighboring lots are very small and practically impossible for any development so he had
the opportunity to purchase both properties to expand onto his business and create a parking lot.
Edwin and Carol Engelkes, 4058 Brookside Avenue, explained that he has lived there for 33
years and noticed the neighboring properties of 4046 and 4050 Brookside Avenue gradually
deteriorated in the past seven years. He would like to see Mr. Hochstein’s proposal be accepted
by the Board of Zoning Appeals.
With no more questions, Chair Bloyer closed the public hearing.
Commissioner Powers stated he would like to make a motion to grant this variance with staff’s
recommendations and also recommends that if the non-conforming building ever becomes
destroyed that it must be rebuilt to conforming setbacks.
Commissioner Roberts stated he agrees with Commissioner Powers and would like to see the
two homes be removed and the properties be used as commercial.
Commissioner Burt agrees with staff’s recommendation and would also like staff to include all of
the conditions that are in the staff report to also be in the resolution.
Chair Bloyer stated she would like the motion to include staff’s recommendations along with the
additional sunset condition added by Commissioner Powers.
St. Louis Park City Council Agenda
Item: 100703 - 4j - BOZA Minutes of August 28, 2003
Page 4 of 4
Motion by Commissioner Burt, seconded by Commissioner Powers, to amend the previous
motion to grant variance, Resolution #9-03, from Section 36-405(b) of the ordinance code
relating to zoning to allow an 1800 square foot addition to an existing non-conforming building
at 4046 and 4050 Brookside Avenue be approved subject to the following conditions:
1. The addition be constructed no closer than 5 feet to the front yard property line.
2. The exterior of the addition be constructed of cement stucco to match the material and
design as the existing building.
3. The addition be constructed in accordance to Exhibit A site plan stamped and dated
approved August 28, 2003.
4. Prior to issuance of a building permit, the 4046 and 4050 properties must be combined
and deed restrictions for parking on 4054 recorded.
5. If the existing buildings are destroyed or removed all new construction must comply
with City Code.
Motion Carried. Voting Yes: Bloyer, Burt, Powers and Roberts. Voting No: None.
5. Old Business
None
6. New Business
None
7. Communications
None
8. Miscellaneous
Commissioner Powers would like staff to repair the meeting recorder because it has become very
noisy.
9. Adjournment
Commissioner Burt moved and Commissioner Powers seconded the motion for adjournment.
The regular meeting of the Board of Zoning Appeals adjourned at 7:24 p.m.
Respectfully Submitted,
Tara Olson
Community Development Secretary
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 1 of 8
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
September 3, 2003 -- 6:00 P.M.
COUNCIL CHAMBERS
MEMBERS PRESENT: Michelle Bissonnette, Phillip Finkelstein, Ken Gothberg, Carl
Robertson, Commissioner Timian (arrived at 6:10 p.m.);
Commissioner Carper (arrived at 6:25 p.m.)
MEMBERS ABSENT: Dennis Morris
STAFF PRESENT: Janet Jeremiah, Nancy Sells, Cindy Walsh
1. Call to order - Roll Call
Chair Robertson called the meeting to order at 6:00 p.m.
2. Approval of Minutes of August 20, 2003
Commissioner Gothberg moved to approve the minutes of August 20, 2003. The motion
passed 4-0.
3. Hearings:
A. Case No. 03-50-CUP--Request for Conditional Use Permit by the City of St.
Louis Park to permit the excavation of approx. 47,000 cubic yards of excavation
material and expand the pond by 5.9 acres through excavation of the area north
of pond -- Lamplighter Pond 1800 Pennsylvania Ave. S.
Planning and Zoning Supervisor Janet Jeremiah said staff is recommending that the
public hearing be continued indefinitely to allow time to work out certain issues with the
proposed excavation on the church-owned property.
Commissioner Gothberg moved to continue the public hearing indefinitely. The motion
passed 4-0.
B. Case No. 03-48-CUP--Request of Minnehaha Creek Watershed District (MCWD)
for a Conditional Use Permit for the excavation of approximately 1,200 cubic
yards of sediment from Twin Lakes Park Pond at 4750 26th Street West
Ms. Jeremiah presented a staff report. She said due to the impacts of hauling on so many
residences along West 26th Street, staff is recommending that work stop at 5:00 p.m.,
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 2 of 8
Monday through Friday, and for weekends as well. Ms. Jeremiah reported that the Parks
Department is concerned about the impacts of trucks crossing the existing bituminous
trail. Parks and Recreation Director Cindy Walsh has requested the MCWD notify her
prior to commencing the project so that City staff can meet them on site and identify a
route that will provide the least disturbance, and staff is recommending this as a condition
of approval.
Ms. Jeremiah stated that during the project the applicant is proposing to post signs every
100 lineal feet warning of thin ice—not safe for skating or walking. Staff is
recommending the MCWD work with the Parks Department to ensure adequate
restoration of the site.
Ms. Jeremiah said if changes are requested to the excavation plan in the future or if a
different hauling route is requested, it would require an amendment to the CUP.
Commissioner Finkelstein asked why the excavation is taking place in the winter, and
Ms. Jeremiah said it is to minimize impacts on the park, and it is easier to manage the
dust. Commissioner Finkelstein asked how many trucks are required, and Ms. Jeremiah
said about 120 truckloads. Commissioner Finkelstein asked if it is necessary for this
activity to take place during the Sabbath, as he is concerned about the eruv in that
neighborhood. He requested that motorized traffic be kept to a minimum. Ms. Jeremiah
said additional restrictions can be imposed if necessary. Commissioner Finkelstein is
most concerned about Friday sundown to Saturday sundown.
Chair Robertson said he would be comfortable recognizing that as a condition of
approval.
Commissioner Gothberg suggested that residents receive notification of changes 30 days
prior to any change. Ms. Jeremiah responded that staff’s concerns are that the plans may
not be approved and staff would want to review any application prior to neighborhood
notification. She said 10 days is standard notice but perhaps staff can back out the time a
little bit.
Commissioner Gothberg asked if trucks passing by the school, given icy roads especially,
is an advisable route. Ms. Jeremiah said it is difficult to get a good route in this area and
one option would be to restrict truck traffic to France Avenue.
Chair Robertson would like to review upgrading MnDot’s seed mixture to include seeds
for more park-like plants. Commissioner Bissonnette said that MnDot is typically
sensitive to native seed types but that there is room for improvement.
Chair Robertson opened the public hearing. With no one wishing to speak, Chair
Robertson closed the public hearing.
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 3 of 8
Commissioner Bissonnette moved to recommend approval of the Conditional Use Permit
subject to conditions recommended by staff; and with the suggestion from Commissioner
Finkelstein prohibiting truck traffic from Friday sundown to Saturday sundown; and
Commissioner Gothberg asked that a condition be added that staff consult with the school
relative to any concerns about truck traffic on the route past the school. The motion
passed 5-0.
C. Case No. 03-51-CUP--Request of City of St. Louis Park for a Major Amendment
to an existing Special Permit for the excavation of approximately 2500 cubic
yards of soil for the creation of a dry pond within the townhome property located
at 5920 26th St. W.
Ms. Jeremiah presented a staff report. An amendment to the special permit is being
requested to amend the exhibits and conditions in the resolution to allow the excavation
of over 400 cubic yards of material and replacement of trees within the designated open
space. Ms. Jeremiah reported that trucks will use 26th Street West to access the site, and
the anticipated truck route is 26th Street West, Vernon Avenue, 27th Street West, Highway
100. She said a landscape plan needs to be amended to include more trees to replace trees
that are lost.
Chair Robertson said in the plan the lines of the pond do not connect on the northeast
side, and he asked if it is a fully-contained water area. Ms. Jeremiah said she believes so
and will check with the Public Works Department.
Chair Robertson would like to have some native species reintroduced and make it look
like a natural pond, and to be as healthy as a natural pond.
Commissioner Carper asked if the contract will post a financial surety for dust control.
Ms. Jeremiah said as it is a City contract, there is leverage to make sure dust control is
carried out.
Chair Robertson opened the public hearing. With no one wishing to speak, Chair
Robertson closed the public hearing.
Commissioner Finkelstein moved to recommend approval of the Special Permit
amendment subject to conditions recommend by staff. The motion passed 6-0.
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 4 of 8
(Note: Items 3D and 3E are combined into one report).
D. Case No. 03-52-CUP--Request for Conditional Use Permit by the City of St. Louis
Park for excavation of approximately 990 cubic yards of soil from Wolfe Park open
space west of the Rec. Center for the creation of a skate park for property located at
3700 Monterey Drive
E. Case No. 03-55-CUP--Request for Conditional Use Permit by the City of St. Louis
Park to permit placement of approximately 990 cubic yards of fill on Shelard Park to
correct settling for property located at 390 Ford Road
Ms. Jeremiah said Items 3D and 3E have been combined into one report because the
excavated fill from Wolfe Park will go to Shelard Park. Shelard Park will be regraded
and existing improvements restored except that a tennis court will be changed to a
basketball half-court and new play equipment will be installed. Ms. Jeremiah reported
that the Parks Department is proposing to install a 180-foot by 80-foot skate park within
the open, grassy area just west of the Rec Center, between the Rec Center and the back
entrance drive on 36th Street. The site will be leveled and a retaining wall will be
installed. Some trees will be effected. The Parks Department is requesting that their
contractor be allowed to work from 9 a.m. to 2 p.m. on Saturdays, although only one
Saturday would be anticipated, since hauling should take less than one week.
Parks and Recreation Director Cindy Walsh presented plans for the Tier 1 skate park; the
equipment for the skate park will not be higher than four feet.
Commissioner Timian asked if the building to the west of the proposed skate park will
present shadow problems at certain times of the year. Ms. Jeremiah said a shading
analysis has been submitted, which was reviewed by Ms. Walsh, and there are some
shading impacts but those impacts do not appear to be substantial enough to create major
concerns.
Ms. Walsh reported that no lighting is planned but streetlights on 36th Street will
illuminate the area.
Ms. Walsh explained the benefits of a permanent site, versus a temporary site.
Chair Robertson asked about the construction and maintenance of the skate park. Ms.
Walsh said the floor surface will be asphalt. The skate ramps will consist of a material
called skate lite pro on the outside and a steel frame interior, all of which tolerate
Minnesota winters. She stated that research indicates the materials won't need
replacement or major maintenance for 8 years.
Chair Robertson opened the public hearing. With no one wishing to speak, Chair
Robertson closed the public hearing.
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 5 of 8
Commissioner Gothberg moved to recommend approval of the Conditional Use Permit
for the excavation of soil at Wolfe Park subject to conditions recommended by staff, to
recommend approval of the Conditional Use Permit for the placement of soil at Shelard
Park subject to conditions recommended by staff; and hauling shall be allowed from 9:00
a.m. to 2:00 p.m. on one Saturday, if needed. The motion passed 6-0.
4. Unfinished Business
5. New Business
A. Consent Agenda
B. Other New Business
i. Case Nos. 03-19-PUD and 03-20-S--Request of TOLD Development
Company for Final Plat approval for Park Commons East 2nd Addition and
an Amendment to the Park Commons East Planned Unit Development
granting Final PUD approval for Phase NE (Excelsior & Grand Phase II)
Ms. Jeremiah presented a staff report regarding final plat and final PUD approval for
Phase II, which would amend the overall final PUD for Excelsior & Grand.
Ms. Jeremiah reported that the lighting plan has not yet been approved by the Public
Works Department. As requested by staff, the developer has submitted as-built official
exhibits for Phase I which are being reviewed. The City Attorney and the developer’s
attorney have been modifying the association documents to be sure the needs of both
parties are met. Ms. Jeremiah discussed staging and construction hours. Staff is
proposing outdoor construction hours be limited to the hours between 7:00 a.m. to 5:00
p.m. on weekdays and no outdoor construction activity later into the evening or on
weekends, however, at the point of finishing the interior condominium units, they could
work later to finish work inside or use weekends for that work.
Ms. Jeremiah said there shall be a limit of 120 condominium units and 4,500 square feet
of retail service (its limit was established during preliminary), and there have been no
changes made to the permanent parking, i.e., there shall be 177 below-ground parking
spaces for residents, and retail would be served by on-street parking and the existing
ramps.
Ms. Jeremiah said it is staff’s understanding that the Chair's concerns about additional
architectural diversity and articulation along the Town Green façade have been alleviated.
Colored elevations and a sample of the new brown brick have been submitted. Staff is
also recommending submission of color samples of any other materials that have not been
used on Phase I.
Ms. Jeremiah reported that landscape and streetscape plans have been submitted, and the
Public Works Superintendent is meeting with the lighting consultant to resolve
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 6 of 8
outstanding issues. Ms. Jeremiah said staff has been most concerned about the width of
the sidewalks but that has been resolved. Staff understands that the Westmoreland Hills
Condominium Association has approved the landscape/screening plan affecting the
condominium property. Park and Rec staff will review that plan soon. It appears that
additional on-street parking can be accommodated on the Westmoreland Hills side with
minimal tree impacts.
Ms. Jeremiah stated that the Planning Contract, as well as the EDA Redevelopment
Contract, are required to be amended to address more detailed issues related to the Phase
II approvals.
The required Phase II sidewalk easement has not yet been drafted, and staff is
recommending the sidewalk easement be approved and recorded prior to commencing
site work.
Ms. Jeremiah stated that the developer shall pay an administrative fine of $750 per
violation of any condition of this approval.
Commissioner Carper asked about off-premise signage, which was not mentioned in the
staff recommendations, and he referred to page 3 of the PUD application. Ms. Jeremiah
said that change was adopted by the City Council at the second reading on September 2,
2003, and it was part of a more comprehensive change to the sign ordinance to clarify
several things and simplify administration.
Commissioner Carper asked if the City needs to be concerned about rental of the garage
units to nonresidents or is it only the sales portion with which the City should be
concerned. Ms. Jeremiah responded that the City Attorney is reviewing the association
documents. Bob Cunningham, TOLD Development, stated that, to his knowledge, there
is no prohibition of the rental of garage units to a third party.
Commissioner Carper asked if there are any prohibitions or provision for long-term
parking in the ramps adjacent to the development. Ms. Jeremiah said the above-ground
levels of the ramp spaces are to remain open for general public use; the below-ground
level is secured and reserved for residents, and that is where the long-term parking would
remain.
Commissioner Timian asked about future phases, and Mr. Cunningham presented an
overview of potential future development.
Commissioner Finkelstein inquired that TOLD has an option to develop two sites that are
owned by the City, and there is a time limit per the development agreement. Mr.
Cunningham responded that is correct, and TOLD is here through the auspices of a
redevelopment agreement; Mr. Cunningham said the establishment of a TIF district is
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 7 of 8
more prescriptive in terms of time limits, e.g., all qualified costs must be in place in five
years from the commencement of the district.
Mr. Cunningham requested the following consideration of the Planning Commission: He
asked if there is an ability to create some leeway for TOLD’s construction crew, i.e., an
exemption for periodic, infrequent, going beyond the hours stated in the PUD for things
such as loading and unloading of equipment and materials, significant weather events
conducive to extending the hours of operation, need for extended, continuous work, e.g.,
when pouring floors and things like that, and as nearing the finish line, the ability to have
overtime work due to homeowner’s waiting for completion of their units on a date
certain. Mr. Cunningham would like to have the ability to request permission from Mr.
Harmening or Ms. Jeremiah to work out revised hours of operation without violating the
conditions of the PUD.
Commissioner Gothberg asked if advance notices could be given by TOLD, and Mr.
Cunningham said yes. Commissioner Gothberg asked about staff concerns. Ms.
Jeremiah replied that it is workable but one issue would be advanced notice in order to
alert residents and neighbors. Mr. Cunningham said if a significant event, TOLD could
give the City adequate notice and TOLD could take responsibility to notify residents and
neighbors. Mr. Cunningham said he is most concerned about the last weeks, basically, in
October and November of 2004.
Chair Robertson said it seems feasible to have some flexibility as long as there is
advanced notice, say, perhaps, 24 hours. He urged Mr. Cunningham to talk to staff. Mr.
Cunningham said he would prefer talking to staff rather than going to the Planning
Commission or City Council for these sorts of things. Ms. Jeremiah commented that staff
is concerned about controls, especially in regard to Wolfe Park and the restaurants in the
evenings, however, the Planning Commission could recommend that staff would be given
purview over administrative amendments per the Planning Contract.
Commissioner Gothberg would like to add that Mr. Cunningham and TOLD will contact
area residents, after City staff approval, to notify residents.
Ms. Jeremiah said language regarding administrative amendments can be added to
condition 6 of the staff report. She also pointed out a typo in condition 4.
Commissioner Gothberg moved to recommend approval of the Final Plat for Park
Commons East 2nd Addition and an Amendment to the Park Commons East PUD
granting Final PUD approval for Phase NE (Excelsior & Grand Phase II) subject to
conditions recommended by staff; and correct the typographical error in condition 4, i.e.,
change NE to NW; the addition of administrative amendments to condition 6, to allow
staff to grant administrative approval for leeway for construction hours with prior
discussions with TOLD Development and TOLD shall be responsible for notifying any
affected neighbors if approval is given. The motion passed 6-0.
St. Louis Park City Council Agenda
Item: 100703 - 4k - Planning Commission Minutes of 9-3-03
Page 8 of 8
6. Communications
A. Recent City Council Action - September 2, 2003
B. Board of Zoning Appeals minutes July 24, 2003
C. Board of Zoning Appeals agenda August 28, 2003
7. Miscellaneous
8. Adjournment
Chair Robertson adjourned the meeting at 7:35 p.m.
Minutes prepared by: Respectfully submitted by:
Linda Samson Nancy Sells
Recording Secretary Administrative Secretary
St. Louis Park City Council Agenda
Item: 100703 - 4m - Lamplighter Pond Change Order
Page 1 of 1
4m. Motion to authorize the Mayor and City Manager to amend a contract with WSB
and Associates, Inc. to provide professional services for the Lamplighter Pond
Flood Improvement Project – City Project No. 00-18
Background: As a part of the City’s Storm Water Improvement Program, WSB and Associates
was contracted to prepare feasibility reports and complete preliminary design work on the
Lamplighter Pond Flood Improvement project. Contract #99-00 was approved by the City
Council in October, 2000 that authorized fees of $125,600 for the project. $114,802 of this
amount has been expended to date. This contract also included work on 5 other flood
improvement projects.
WSB has assisted the City through the preliminary design & environmental stages of this project
including preparation of the EAW documents. Their work has also included water-level
monitoring, DNR grant applications, and public information meetings.
The next phase, which was not part of the original contract is to complete the design and provide
construction observation & contract administration (including preparation of record drawings),
WSB is anticipating their fees to be $114,300 to $151,000 for that work.
Analysis: Staff has reviewed the consultant’s proposal and found the costs to be 12.8% of the
estimated construction total. This is within industry standards that are typically 12% to 15% of
the estimated construction total.
The contract with WSB would be amended to reflect this additional work and this new amount.
In keeping with the existing contract, expenditures would be based on the number of hours
worked, not on a lump sum basis. Therefore, if the project did not proceed, WSB would be
reimbursed only for the work completed.
This increase in the engineering services was included in the estimated costs for the project
which were summarized for Council in the Sept. 15, 2003 Project Authorization memo.
Therefore, the estimated cost of the project remains at $1,483,037. Funding for these services
will come from the Storm Water Utility Fund and from the Mn/DNR Flood Improvement Grant.
Consultant expenses are reimbursable under the Grant agreement.
Recommendation: It is recommended that the City amend the existing contract with WSB and
Associates, Inc. (Contract #99-00) for design and construction services for Project No. 00-18 in
the amount of $151,000.
Prepared By: Maria Hagen, City Engineer
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 4n - Third Amendment to TOLD Contract
Page 1 of 2
4n. Motion to authorize the Mayor and City Manager to execute a third amendment to
the amended and restated contract for private redevelopment between the St. Louis
Park Economic Development Authority, the City of St. Louis Park, and Meridian
Properties Real Estate Development, LLC (TOLD Development Company) relating
to the installation of a passive methane venting system in Wolfe Park and/or the
adjacent Wolfe Parkway.
Background:
During the September 8 City Council study session, staff informed the Council of the presence of
naturally generated methane on the Wolfe Park site and its relationship to the Phase II Excelsior
and Grand project located directly to the south. According to the City's consultant, the methane
is being generated from the decomposition of naturally occurring peat located in Wolfe Park.
As noted at the study session, small amounts of methane were found on the Phase II property
(Phase NE). While neither the methane situation in Wolfe Park or on the Phase II property
appear to be a danger to the public's health and safety, TOLD has informed the City that to
facilitate financing and marketing of Phase II, two steps need to be taken:
• The installation by TOLD of a vapor barrier around the underground portions of their
proposed building and the installation of a methane monitoring system.
• The installation of a passive methane venting system in Wolfe Park and/or Wolfe Parkway
adjacent to Phase II.
A passive methane venting system is comprised of a series of pipes located in the ground
approximately 50 feet apart that are vented to the atmosphere. As these pipes may need to
extend above the ground by at least ten feet, particular attention will need to be given to the
location of these pipes and aesthetic treatments. As noted below, the City must approve the
design of the system prior to its installation.
It is proposed that the existing Redevelopment Contract with TOLD be amended to reflect the
understandings between the parties regarding the installation of the venting system. This
contract is being prepared by the EDA's legal counsel. In summary, the contract will provide for
the following:
• TOLD must receive approval from the City of the design, location and timing of the
installation of the venting system.
• TOLD is responsible for all costs of the installation, maintenance and monitoring of the
venting system.
• TOLD indemnifies the City and EDA relating to any action associated with the installation,
operation or maintenance of the venting system.
• The venting system will be in place not longer than the term of the redevelopment contract,
which expires not later than approximately 2029. However, the system can be removed
earlier if so desired by TOLD, or if both parties mutually agree to its removal.
St. Louis Park City Council Agenda
Item: 100703 - 4n - Third Amendment to TOLD Contract
Page 2 of 2
Staff is putting the final touches on the contract and will send a draft to the Council on Friday,
October 3.
Attachments:
• Third Amendment to Amended and Restated Contract for Private Redevelopment (to be sent
out on Friday, Oct. 3)
Prepared By: Tom Harmening, Community Development Director
Approved By: Charles W. Meyer, City Manager
2755a:gen
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 1 of 9
8a. The request of Minnehaha Creek Watershed District for a Conditional Use
Permit for the excavation of approximately 1,200 cubic yards of sediment
from Twin Lakes Park Pond at 4750 26th St. W.
Case No. 03-48-CUP
4750 26th St. W.
Recommended
Action:
Motion to adopt a resolution approving the Conditional Use
Permit for the excavation of sediment from Twin Lakes subject
to conditions included in the resolution.
Current Zoning: R1, Single Family Residential
Comprehensive Plan Designation: Park
Background:
In 1995, as part of Minnehaha Creek Watershed District’s Twin Lakes Subwatershed
Improvement Project, a 1.3 acres wet detention basin or pond was constructed in Twin Lakes
Park to trap sediment and improve storm water quality entering Twin Lakes. The park is owned
by the City of St. Louis Park.
Minnehaha Creek Watershed District (MCWD) is now proposing to remove sediment that has
accumulated in the wetland pond within Twin Lakes Park as part of their Twin Lakes Wetland
Pond Maintenance Project. This is part of a greater maintenance project, which includes Long
Lake North Basin, Southwest Lake Calhoun, and Cedar Meadows. MCWD is proposing to
remove approximately 1,200 cubic yards of sediment from the pond. The intended outcome is to
restore the wetland pond to the original bottom elevation. This will keep sediment from entering
Twin Lakes through storm drains and will improve the water quality in Twin Lakes.
Twin Lakes Pond dredging will require the pond to be drained. MCWD anticipates the
dewatering activity to begin in late November or early December 2003. Sediment removal will
begin in December 2003 or January 2004. Restoration is scheduled to be completed by June 15,
2004 (A conditional use permit for the excavation of more than 400 cubic yards of material is
being requested).
MCWD anticipates this type of maintenance or pond dredging will be ongoing and could occur
every 3 - 5 years or as needed to improve water quality. The DNR, which regulates activity
within wetland areas, specifically exempts these types of dredging maintenance activities from
permit requirements. Staff and the Planning Commission recommend that future MCWD
dredging maintenance of Twin Lakes Pond be covered under this conditional use permit
provided they adhere to the other conditions approved under the CUP.
The Planning Commission held a public hearing on September 3, 2003. No one from the public
spoke. The Planning Commission recommended approval on a vote of 6-0 subject to conditions
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 2 of 9
recommended by staff and the addition of a condition prohibiting truck traffic from Friday
sundown to Saturday sundown; and a condition that staff consult with Benilde – St. Margaret’s
High School relative to any concerns about truck traffic, since one of the proposed routes passes
the school.
Staff spoke with the school President regarding any traffic concerns. Peak vehicular and student
pedestrian traffic occurs between 7:15 a.m. and 8:00 a.m. as school begins and between 2:30
p.m. and 3:00 p.m. as school ends. Students park in the Beth El Synagogue parking lot and walk
across the street to the school. Therefore, the heavy traffic and vehicular circulation makes it
difficult for traffic and trucks hauling to get through 25th to the frontage road during peak times.
For this reason the school thought it would be beneficial to coordinate alternative truck routes
during the two peaks. Staff discussed this with the Watershed who agreed that an alternative
route, such as 26th St to France Ave to Minnetonka Blvd, would be appropriate. Identifying an
alternative route will discourage trucks from cutting through other residential streets. Staff
recommends adding a condition of approval that during the school peak traffic hours trucks must
use the following route:
West 26th Street (east) – France Ave. – Minnetonka Blvd.
Staff also discussed the condition prohibiting truck traffic from Friday sundown to Saturday
sundown. The Watershed did not have a problem with this condition as they do not intend to
haul on the weekends. Staff has added this condition to the proposed resolution.
Issues:
What route is proposed to haul the material?
How long will the hauling take place and what will be the hours of operation?
How will site disturbance be managed and restored?
How would future maintenance be handled?
What route is proposed to haul the material?
The applicant originally proposed the following hauling route:
West 26th Street – Quentin Ave. S – Minnetonka Blvd – Hwy 100
The route would take truck traffic directly through a residential street. As an alternative staff and
the Planning Commission recommend the following hauling routes. These routes would keep
truck traffic off of streets classified as residential. West 26th Street is classified as a minor
collector and France Ave is classified as a Minor Arterial.
West 26th Street (west) – 25th & 251/2 St – Hwy 100 Frontage Road – Hwy 100.
West 26th Street (east) – France Ave. – Minnetonka Blvd.
As noted, the Planning Commission asked staff to confirm that Benilde-St. Margaret does not
have concerns with the route past their school. This route would be prohibited during peak
school times.
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 3 of 9
How long will the hauling take place and what will be the hours of operation?
Sediment removal is expected to begin in December 2003 or January 2004 and be substantially
completed by January 30, 2004. Staff anticipates that the trucks will carry about 10 to 18 cubic
yards of material at a time. Per Ordinance, hauling can occur between the hours of 7:00 a.m. and
10:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 10:00 p.m. on the weekend
and holidays. The anticipated hours of operation are 7:00 am to 5:00 p.m., Monday through
Friday. If any hauling will occur on the weekends, it would have to be on Sunday after 9 a.m.,
due to the Planning Commission’s recommendation to prohibit hauling on Friday evening and
Saturday. Staff and the Planning Commission recommend that the conditions of approval
require Monday through Friday and Sunday operations to end at 5:00 pm.
How will site disturbance be managed and restored?
This project is proposed to begin late fall/early winter, which will minimize the potential for
dust. MCWD is proposing to enter the park off of W 26th Street near Natchez Ave. A rock
entrance is proposed to be installed (the specific location is to be field determined). Access is
proposed to maneuver through existing trees in order to not damage and save the trees and to
minimize the disturbance/damage to the bituminous trail. A silt fence is proposed to be installed
on both sides of the proposed construction trail. The pond is proposed to be accessed on the
southeast side.
The Parks Department is concerned about the impacts of the trucks crossing the existing
bituminous trail. The Parks Director, Cindy Walsh, has requested the MCWD notify her prior to
commencing the project so that City staff can meet them on site and identify a route that will
provide the least disturbance. Staff and the Planning Commission recommend this as a condition
of approval.
During the project the applicant is proposing to post signs every 100 lineal feet warning of thin
ice not safe for skating or walking. Site restoration will be conducted upon completion of the
project. The proposed restoration includes: the park area will be sodded, damage to the
bituminous trail and street will be repaired by the contractor hired by the MCWD, and disturbed
edges of the pond will be seeded with MnDOT seed mixture. Staff and the Planning
Commission recommend the MCWD work with the Parks Department to ensure adequate
restoration of the site.
How would future maintenance be handled?
Rather than requiring the MCWD to apply for a CUP each time maintenance is required, staff
and the Planning Commission recommend the following:
1) Require the MCWD to provide written notice to the City at least 30 days in advance with
a full project explanation.
2) Require the MCWD to notify the neighborhood at least 10 days in advance of any
dredging.
3) Require the dredging and haul routes/hours to be in conformance with this CUP approval.
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 4 of 9
4) In the event of requested changes to the CUP approval a CUP amendment would be
processed according to City ordinances.
Recommendation:
Staff and the Planning Commission recommend approval of the Conditional Use Permits to
allow the excavation of approximately 1,200 cubic yards of sediment from Twin Lakes Park
Pond as needed for maintenance subject to the conditions in the resolution.
Attachments:
• Location Map
• Proposed Resolution
• Application (supplement)
• Grading & Site Plans (supplement)
Prepared by: Julie Grove, Associate Planner
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 5 of 9
Location Map
WESTRID
A
RWOOD
R
D
26TH ST W
PRINCETON AVE SPARKW
2
5
T
H S
T WKIPLING AVE SLYNN AVE SMONTEREY AVE S26TH ST W
25 1/2 ST W
26TH ST W
25TH ST W
NATCHEZ AVE SJOPPA AVE S27TH ST W INGLEWOOD AVE STWIN LAKES
PARK
QUENTIN CTPRINCETON CTCEDARWOOD RD
BASSWOOD RD
B A S SWOOD RDTWIN
LAK E
BENILDE
ST. MARGARETS
HIGH SCHOOL
Twin Lakes Pond
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 6 of 9
RESOLUTION NO. _____
A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO PERMIT THE EXCAVATION OF APPROXIMATELY 1,200
CUBIC YARDS OF SEDIMENT FOR PROPERTY ZONED R-1 SINGLE
FAMILY RESIDENTIAL DISTRICT LOCATED AT 4750 26th STREET WEST
BE IT RESOLVED BY the City Council of the City of St. Louis Park:
Findings
1. The Minnehaha Creek Watershed District (MCWD) has made application to the City
Council for a Conditional Use Permit under Section 36-79 of the St. Louis Park Ordinance
Code for the purpose of excavating approximately 1,200 cubic yards of sediment within a R-1
Single Family Residential District at 4750 26th Street West for the legal description as follows,
to-wit:
Parcel No. 8 Lots Y and W, Westridge
(Lot W - Certificate of Title No. 280835)
and
The East 450 feet of the South One-half of the Northwest Quarter (S 1/2 NW 1/4)
of Section Thirty-one (31), Township Twenty-nine (29), Range Twenty-four (24)
except the Westerly 233.58 feet of the Northerly 500 feet thereof; subject to
easements over those portions deeded for street purposes.
Party of the second part agrees that in the event the property is to be sold within
twenty (20) years from the date of this instrument that it shall be first offered to
party of the first part who shall be given first refusal relative to the resale of said
property.
and
Reserve Lot A "Cedarwood Second Addition", according to the map or plat
thereof on file or of record in the office of the Registrar of Titles in and for
Hennepin County, Minnesota.
For Park Purposes only.
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 7 of 9
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a
perpetual easement for roadway purposes over, upon and across a strip of land 25
feet in width, lying Southerly of and adjacent to the line between Reserve Lots A
and B, said Addition, and same extended so that the Southerly line of said strip
shall meet the Westerly line of said Addition and the Westerly end of Twenty-
fifth Street.
and
Reserve Lot B "Cedarwood Second Addition", according to the map or plat
thereof on file or of record in the office of the Registrar of Titles in and for
Hennepin County, Minnesota.
For Park Purposes only.
Reserving unto said grantors, their heirs, executors, administrators, and assigns, a
perpetual easement for roadway purposes over, upon and across a strip of land 25
feet in width, lying Northerly of and adjacent to the line between Reserve Lots A
and B said addition and the same extended so that the Northerly line of said strip
shall meet the Westerly line of said Addition and the Westerly end of Twenty-
fifth Street.
2. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 03-48-CUP) and the effect of the proposed excavation of approximately
1,200 cubic yards of sediment 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 proposed excavation of approximately 1,200 cubic
yards of sediment 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 excavation of approximately 1,200
cubic yards of sediment is in harmony with the general purpose and intent of the Zoning
Ordinance and the Comprehensive Plan.
4. The contents of Planning Case File 03-48-CUP are hereby entered into and made part of
the public hearing record and the record of decision for this case.
Conclusion
The Conditional Use Permit to permit at the location described is granted based on the findings
set forth above and subject to the following conditions:
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 8 of 9
1. The pond dredging shall be in accordance with the Excavation Plans; such
documents incorporated by reference herein.
2. Haul routes shall be as follows:
a. West 26th Street (west) – 25th & 251/2 St – Hwy 100 Frontage Road –
Hwy 100. Except this route cannot be used between 7:00 and 8:00 a.m.
and between 2:30 and 3:30 p.m. weekdays.
b. West 26th Street (east) – France Ave. – Minnetonka Blvd. Truck must use
this route between 7:00 a.m. and 8:00 a.m. and between 2:30 p.m. and
3:30 p.m. weekdays.
3. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00
p.m. on weekdays and 9:00 am and 5:00 p.m. on Sunday and holidays. Truck
traffic is prohibited from Friday sunset to Saturday sunset.
4. Prior to beginning any pond dredging maintenance, the applicant must comply
with the following:
a. Notify the City Park and Recreation Director to approve an on-site
construction route and a site restoration plan.
b. Submit financial surety for cleaning/repair of public streets, dust control and
site restoration as determined by the Public Works and Park & Recreation
Directors.
c. Install traffic control and cautionary signs (e.g., ice warning signs) as required
by the Public Works Director and Park & Recreation Director.
5. The site must be watered regularly for dust control and streets must be kept clean
throughout hauling routes.
6. Future pond dredging on a periodic basis for maintenance is approved subject to
the following conditions:
a. The Watershed District shall provide written notice to the City of St. Louis
Park at least 30 days prior to beginning any future pond dredging; such notice
shall be addressed to the City Manager and copied to the Community
Development Director, Park & Recreation Director and Public Works
Director; such notice shall include amount of sediment to be excavated,
proposed on- and off-site construction routes, proposed site restoration plan,
proposed watering plan, proposed traffic control and cautionary sign plan, and
proposed hours and duration of dredging operations to be approved by the
City.
b. The Watershed District shall provide written notice to all property owners
within a distance of at least 350 feet, as determined by the Community
Development Director, at least 10 days prior to beginning any future pond
dredging.
c. Any changes to the Excavation Plan or hauling routes shall require
amendment to this Conditional Use Permit in accordance with City ordinances
and policies. Any future amendments that do not require a public hearing
shall be fully described in the notice to the neighborhood.
d. Any future pond dredging shall fully comply with all conditions of this
Conditional Use Permit.
St. Louis Park City Council Agenda
Item: 100703 - 8a - Twin Lakes Pond CUP for Sediment Extraction
Page 9 of 9
7. The Watershed District 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 pond
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 starting site work.
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 October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 1 of 7
8b. The request of City of St. Louis Park for a Major Amendment to an existing
Special Permit for the excavation of approximately 2500 cubic yards of soil for
the creation of a dry pond within the townhome property located at 5920 26th
St. W.
Case No. 03-51-CUP
5920 26th St W.
Recommended
Action:
Motion to adopt a resolution approving the Conditional Use
Permit for the excavation of soil at the townhome property
located at 5920 26th St. W subject to conditions included in the
resolution.
Current Zoning: R3, Two Family Residential
Comprehensive Plan Designation: Medium Density Residential
Background:
On August 3, 1981 the City Council adopted Resolution # 6912 granting approval of a special
permit to develop an 18-unit townhouse and cluster housing development at the above address.
The east portion of the townhome property contains open space and a wooded area that was
required to be preserved as open space.
A storm sewer pipe is also located within this open space which conveys water from the low
points on the residential properties to the north to the main storm sewer system. This pipe does
not have adequate capacity to keep water from backing up into the yards and inundating homes
nearby. Flooding up to two feet high has occurred on some of the properties. This area has been
identified as 1 of 22 flood problem areas in St. Louis Park.
To correct this flooding, Public Works is proposing to excavate a dry pond within the open space
on the townhome property to act as temporary stormwater storage and alleviate flooding. During
a 10 and 100 year rain event, water in the pond is proposed to be approximately 2 and 3 feet deep
respectively. Water from these storm events is expected to drain from the pond in less than a
day.
This project will require the excavation of approximately 2500 cubic yards of soil material and
the loss of several trees identified to be preserved on the 1981 Special Permit exhibits. The
disturbed areas within the construction limits will be restored to their pre-construction condition
and new trees will be installed around the perimeter of the dry pond. The northern portion of the
pond will be located on private residential property. The property owners are aware of this and
easements will be obtained. An amendment to the special permit is being requested to amend the
exhibits and conditions in the resolution to allow the excavation of over 400 cubic yards of
material and replacement of trees within the designated open space.
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 2 of 7
Several neighborhood meetings have been held to discuss this project. The townhome
association is amenable to this project as long as their open space requirements are maintained.
Easements will be required from the townhome association and from the property owner of 5801
25 ½ St. in order to construct the pond. Once the easements are obtained, affected property
owners surrounding the project will be notified of the anticipated construction timing. Bids for
this project have been solicited and a contract was awarded to Hulegaard Construction. Work is
anticipated to begin in the week of October 13.
The Planning Commission held a public hearing on September 3, 2003. No one from the public
spoke. The Planning Commission recommended approval on a vote of 6-0 subject to conditions
recommended by staff.
Issues:
Are open space requirements maintained?
What route is proposed to haul the material?
How long will the hauling take place and what will be the hours of operation?
How will dust be managed?
Ø Are open space requirements maintained?
A condition of the 1981 Special Permit required that the open space in the central portion of the
site, including the wooded tree area, be retained as open space and preserved and maintained by
the homeowners association. This project proposes to excavate a portion of this open space for
the creation of a “dry pond.” Staff has determined that the “dry pond” can be considered open
space, because it will be usable except during major storm events. However, its construction will
result in the loss of a number of trees in the wooded area, which will be replaced around the
perimeter of the dry pond. Thus an amendment to the above Special Permit condition is
required.
The excavated area will be re-sodded and will remain dry during most of the year. For a short
period during storm events, stormwater runoff will be concentrated in this area rather than
flooding adjacent structures. Public Works anticipates that 45 live trees, and approximately 325
caliper inches of significant trees will need to be removed. They estimate that approximately 3
times that amount of significant trees will remain on site (975 caliper inches). City staff has
taken a look at this site and confirmed this estimate. Twenty one (21) trees are proposed to be
replaced on site. This meets tree replacement requirements. A revised landscape plan
identifying the new trees will be submitted.
Ø What route is proposed to haul the fill?
Trucks will use 26th St. W. to access the site. Staff anticipates that the trucks will use the
following haul route:
26th St. W. – Vernon Ave. – 27th St. W – Hwy 100.
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 3 of 7
Ø How long will the hauling take place and what will be the hours of operation?
The City expects that most of the work will be completed in the fall of 2003. It is expected that
the hauling will take approximately two weeks. Per Ordinance, hauling can occur between the
hours of 7:00 a.m. and 10:00 p.m. Monday through Friday, and the hours of 9:00 a.m. and 10:00
p.m. on the weekend and holidays. The City anticipates the hours of operation to be between
7:00a.m. to 5:00 p.m. weekdays. The contractor may want to work one or two Saturdays. Staff
recommends limiting the hours of operation from 7:00 a.m. to 5:00 p.m. on weekdays and 9:00
a.m. and 5:00 p.m. on Saturdays. This is more restrictive than the noise ordinance limits on
construction activity.
Ø How will dust be managed?
The Public Works Department has included provisions in the contract for controlling dust as
necessary.
The disturbed areas within the construction limits will be restored to their pre-construction
condition and new trees will be installed around the perimeter of the dry pond. A new landscape
plan will need to be submitted showing tree types, locations, and sizes to be planted in
accordance with tree replacement requirements.
Recommendation:
Staff and the Planning Commission recommend approval of the Conditional Use Permit to allow
the excavation of approximately 2,500 cubic yards of soil from the location described subject to
the conditions in the resolution.
Attachments:
• Location Map
• Proposed Resolution
• 1981 Official Exhibits (supplement)
• Tree Inventory (supplement)
• Proposed Grading Plan (supplement)
Prepared by: Julie Grove, Associate Planner
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 4 of 7
Location Map
S
S25 1/2 ST W
26TH ST W
27TH ST W
26TH ST W
Vernon AvenueXenwood AveHwy 100Zarthan AveProposed Pond
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 5 of 7
RESOLUTION NO. ____
Amends and Restates Resolution No. 6912
A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6912
ADOPTED ON AUGUST 3, 1981 PERMITTING AN EIGHTEEN UNIT
TOWNHOUSE AND CLUSTER HOUSING DEVELOPMENT AND
GRANTING AMENDMENT TO EXISTING SPECIAL PERMIT UNDER
SECTION 36-79 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING
TO ZONING TO ALLOW THE EXCAVATION OF APPROXIMATELY 2,500
CUBIC YARDS OF SOIL FOR THE CREATION OF A DRY POND
LOCATED AT 5920 26TH STREET WEST
FINDINGS
WHEREAS, the City of St. Louis Park has made application to the City Council for an
amendment to an existing special permit under Section 36-79 of the St. Louis Park Ordinance
Code to allow the excavation of approximately 2,500 cubic yards of soil for the creation of a dry
pond at 5920 26th Street West within a R3 Two Family Residential Zoning District having the
following legal description:
Block 1, Lot 33, Shamrock 2nd Addition
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 81-14-SP and 03-51-CUP and the effect of the proposed excavation of approximately 2,500
cubic yards of soil for the creation of a dry pond on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on
values of properties in the surrounding area and the effect of the proposed excavation of
approximately 2,500 cubic yards of soil for the creation of a dry pond on the Comprehensive
Plan; and compliance with the intent of the Zoning Ordinance; and
WHEREAS, a special permit was issued to permit an eighteen unit townhouse and cluster
housing development regarding the subject property pursuant to Resolution No. 6912 of the St.
Louis Park City Council dated August 3, 1981, which contained conditions applicable to said
property; and
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that special permit; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No. 6912, to add the amendments now required, and to consolidate
all conditions applicable to the subject property in this resolution;
WHEREAS, the contents of Case Nos. 81-14-SP and 03-51-CUP are hereby entered into
and made part of the public hearing record and the record of decision for this case.
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 6 of 7
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 6912 (document not filed)
is hereby restated and amended by this resolution which continues and amends a special permit
to the subject property for the purpose of permitting the excavation of approximately 2,500 cubic
yards of soil for the creation of a dry pond within the R3 Two Family Residential District at the
location described above based on the following conditions:
The special permit to permit an eighteen unit townhouse and cluster housing
development at the location described is granted based on the findings set forth above and
subject to the following conditions:
1. That the site be constructed, used and maintained in accordance with Exhibit A,
Site Plan and Landscape Plan; Exhibit B, Grading and Drainage Plan; and Exhibit C,
Sheet 1-3, Elevation Plans with respect to general features only. (amended by condition 8
on 10/7/03)
2. There will be no outdoor storage of trash other than in the trash enclosure as
shown on the Site Plan, and said enclosure shall include a self-closing gate.
3. That all driveway parking edges, except for entrances to garages, have a poured-in
place concrete curb extending at least six inches above grade except for sidewalk
locations.
4. That all open space not occupied by decks, structures, sidewalks or parking or
trees or shrubs be sodded.
5. The open space in the central portion of the site, including the wooded tree area,
be retained as open space and preserved and maintained by the homeowner's association.
(amended by condition 8 on 10/7/03)
6. That all drainage and utility provisions be constructed in accordance with the
City's plans, specifications, and subdivision regulations.
7. That all development including buildings, utilities, parking lot, garages,
landscaping, curbing, and other items as contained in the exhibits be completed by
October 15, 1982.
8. The special permit shall be amended on October 7, 2003 to allow creation of a dry pond
in the open space area, to incorporate all of the preceding conditions and add the following
conditions:
St. Louis Park City Council Agenda
Item: 100703 - 8b - Creation of Pond at 5920 W 26th St
Page 7 of 7
a. The Special Permit official exhibits shall be amended to include new grading and
landscape plans; such documents incorporated by reference herein.
b. Haul routes for the dry pond excavation shall be as follows:
26th St. W. – Vernon Ave. – 27th St. W – Hwy 100.
c. The hours of operation shall be limited to the hours between 7:00 a.m. and 5:00
p.m. on weekdays and 9:00 am and 5:00 p.m. on Saturdays.
d. Prior to beginning site work, the applicant and owner shall sign the approved
official exhibits.
e. The site must be watered regularly for dust control and streets must be kept clean
throughout hauling routes.
f. The City shall ensure that the contract addresses dust control and repair/cleaning
of public streets.
g. New trees shall be planted as soon as practical in accordance with the approved
landscape plan.
Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or
structure for which the conditional use permit is granted is removed.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 1 of 23
8c. Request by Silver Crest Properties for an amendment to the City’s
Comprehensive Plan and Preliminary Planned Unit Development approval for
a residential senior housing development
Case Nos. 03-37-CP and 03-38-PUD
3601,3633 and 3663 Park Center Boulevard
Recommended
Action:
• Motion to adopt a resolution approving amendments to the
City’s Comprehensive Plan subject to Met Council approval.
• Motion to adopt a resolution approving the Preliminary
Planned Unit Development, subject to the conditions
included in the resolution.
Zoning: RC, Multi-Family Residential
Comprehensive Plan Designation: High Density Residential
Background:
SilverCrest Properties is applying for an amendment to the City’s Comprehensive Plan and
preliminary Planned Unit Development (PUD) approval for the above-described property. The
developer proposes to build a 150 unit, 14 story residential senior condominium building on the
1.91 acre site currently occupied by the Park Center three story office building at 3601 Park
Center Blvd. The project was originally proposed as a co-op, but the applicant has decided to
change it to condominiums. The PUD would also combine the previous approvals of the existing
Parkshore developments at 3633 and 3663 Park Center Blvd. with the new proposal. All three
properties would be included in the approved Redevelopment Plan and PUD.
This project is proposed as the third phase of the Park Shore senior housing and care
development. Park Shores currently consists of a 207 residential unit Parkshore senior high rise
apartment building and a 91 unit Parkwood assisted living facility. The proposed 150 unit senior
condominium would be located just north of the existing assisted living building at the southeast
corner of Park Center Boulevard and 36th Street. Although the cumulative total number of units
in all three buildings would exceed the threshold for an EAW, one is not required because most
of the existing development was constructed so long ago (see attached memo).
The amendments to the City Comprehensive Plan are needed to allow density and floor area ratio
(FAR) averaging over three properties, to increase the FAR, to increase allowable height on the
senior condominium property, to allow a curb cut at the south edge of the senior condominium
property, to address building/driveway placement, and to allow a reduction in parking for the
condominium building. There are specific polices relating to redevelopment of the existing
office property that are currently part of Chapter P, Redevelopment, Park Center Housing. The
preliminary PUD is proposed to formalize the interrelationships of the buildings and to allow
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 2 of 23
density averaging over the three properties. The approved preliminary PUD site plan would also
be adopted into the Comprehensive Plan as a Redevelopment Plan.
On August 6, 2003, the Planning Commission held a public hearing. John McCain, Beltline
Industrial Park, raised a concern that the proposed building may shade his future retail
commercial building at the northeast corner of Raleigh Avenue and 36th Street or interfere with
existing satellite dish reception. The Planning Commission recommended approval on a vote of
5-0 subject to staff confirming that any shading would meet ordinance requirements. Staff
confirmed that the proposed 14-story building would not cause a shading problem for the future
Belt Line redevelopment. However, the proposed building would shade the King Controls
building at the northwest corner of Raleigh Avenue and 36th Street. That property is zoned
Industrial and staff previously thought it was exempt from the shading restrictions. However, the
ordinance only exempts Industrial if the building does not have windows on the shaded side. The
King Controls building has windows on the south side. However, the building is expected to
redevelop in the near future with a new post office building that would be placed further north.
An analysis of this issue and recommended condition for addressing it is included in the Zoning
Code compliance section of this report.
The Comprehensive Plan amendment has not yet been approved by the Metropolitan Council.
However, no problems are anticipated.
Project Description and Data:
SilverCrest proposes to demolish the existing office building and build a 14 story senior
condominium building on the parcel. The 150 unit building would have a primarily brick
exterior finish. The building would also include a one-story swimming pool wing and 199-210
parking spaces in a two-story underground garage. An additional 15-20 parking spaces would be
located at the surface around a loop drop off/pick up driveway. Vehicular access to the site
would be via a new driveway off of Park Center Boulevard at the south edge of the property. An
existing pedestrian trail is located along the south edge of the site. The trail provides a
connection from Wolfe Park to Park Center Blvd. and the nearby retail businesses.
Surrounding Uses and Zoning:
Existing Use Zoning
South Senior citizen assisted living facility RC
East Public recreation R3
North 36th Street and industrial uses IP
West Park Center Blvd. and retail (Target) C2
Project Data:
Proposed PUD (all three properties)
PUD Area: 6.18 acres
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 3 of 23
Existing Uses: 207 senior housing units
91 assisted living units
12,058 square foot office building
Proposed New Use: 150 unit senior housing condo
(office building to be demolished)
Floor Area Ratio:
Comp Plan Guideline 2.2 FAR
Proposed 2.3 FAR
Overall Project Density 72.5 units/acre
(averaged over three parcels)
Proposed Senior Condominium High Rise
Parcel Area: 1.91 acres
Existing Use: 12,058 square foot office building
Proposed New Use: 150 unit senior housing condo
Proposed building height: 14 stories (approx. 145 feet)
Parking:
Required (standard multi-family) 300 spaces
Min. req’d with 30% reduction 210 spaces
Min. req’d with 25% reduction 225 spaces
Proposed: 214 complying spaces
Usable Open Space:
Proposed 23,200 square feet
Comp Plan Guideline no less than 22,010 square feet
Site Density Proposed 78.5 units/acre
Comp Plan Guideline at or near 75 units/acre
Site Location:
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 4 of 23
Park Shores PUD
Proposed Senior Coop
Target
CommunityCenter Belt Line Blvd36th Street West
P a r k C e n t e r B l v d
Byerly's
Walser
Multi-Family
Belt LineIndustrial Park
Issues:
• Are the proposed Comprehensive Plan amendments appropriate?
• Does the proposed PUD meet the Zoning Ordinance requirements?
• Is the proposed driveway access acceptable?
Analysis:
• Are the proposed Comprehensive Plan amendments appropriate?
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 5 of 23
The Park Center Housing portion of the Redevelopment section of Chapter P of the St. Louis
Park Comprehensive Plan contains specific guidelines regarding the redevelopment of 3601 Park
Center Boulevard (existing office property). The guidelines were put in place as part of the
review process for the Park Shores assisted living facility and in anticipation of the
redevelopment of the office site into high-density housing. The applicant is now requesting
modification to some of those guidelines to allow the proposed 150 unit senior high-rise.
The guidelines (underlined) and modifications (italics) are listed below.
1. Density – Maximum density shall be at or near 75 units per acre. Maximum density shall be at
or near 75 units per acre when averaged over the three parcels. The density averaging over the
three parcels would allow the senior condominium building to have a density of 78.5 units per
acre. The overall PUD density would be 72.5 units per acre. The density increase is not
significant and since this is a senior citizen facility, the traffic peak and daily traffic generation is
less than a non-senior housing development. The higher density is compatible with the urban
mixed-use development scheme of the area.
2. Floor area ratio – Floor Area Ratio may be a maximum equal to the Parkshore high rise (2.2
FAR). Floor Area Ratio may be a maximum of 2.3 when averaged over the three parcels. The
increased floor area ratio (ratio of the total building square footage to the lot area) is a result of
the larger for sale (owner occupied) housing units and the number of proposed units. The
proposed increase is minimal and the for sale housing and average units per acre are compatible
with City goals.
3. Height - Height may be a maximum equal to the Parkshores high rise (142 ft.). Height may be
up to 14 stories as approved by PUD. The proposed senior condominium building height is 14
stories and approximately 145 feet. The existing Parkshore senior high rise is 13 stories as
viewed from Park Center Blvd. and 14 stories as viewed from Wolfe Park (there is a lower walk-
out level on the park side). The existing Parkshore building is approximately 144’ tall as
measured from grade along the park side. However, ordinance requires height to be measured
from the curb of the adjacent street or from the grade at the side fronting on a public street. This
results in a lower measured height for the existing Parkshores building. Still, the existing and
proposed high rise buildings would have relatively similar heights and massing. They would
help frame the park and enhance the downtown character of Park Commons in a location
identified as appropriate for high rise buildings. The existing assisted living facility would
preserve a visual break and help prevent over-shading of the park. However, the proposed 14
story height would shade property to the north (see "Other solar shading" section of report).
4. Open space – There shall be no reduction in the amount of existing usable open space on the
lot. No change proposed. The proposed development meets this guideline.
5. Driveway/curb cut access - Any curb cut on Park Center Boulevard shall be aligned with the
existing median break. The curb cut access to the proposed development shall be moved to the
southern edge of the property to enhance traffic operations at West 36th Street. See "Is the
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 6 of 23
proposed driveway access acceptable?" for a review of this change below and the staff
recommendation.
6. Site design - The site design shall conform to Livable Communities principles outlined in
Chapter R, specifically including the relationship to the public street, architectural interest at the
pedestrian level, and use of below ground structured parking. The proposed development uses
two levels of underground parking. The proposed building and site features include a large plaza
on the east side and a small plaza on the west side of the building. Additional site features
(sitting areas, etc) can be developed on the Park Center Boulevard side. The level of design
detail submitted is not sufficient to judge the conformance with pedestrian level interest. That
should be enhanced prior to submission of final PUD development plans.
7. Architecture – Architecture shall coordinate with Parkwood Shores and Parkshore Place.
The exterior materials, scale and building orientation is compatible with the Parkwood and
Parkshores buildings. The Parkwood and Parkshores buildings have green gable roofs that
reflect the residential design character. The senior condominium building design has been
revised to include a similar gabled design to match the other two buildings. The articulation of
the building at the ground level should also receive further design attention in subsequent phases.
In particular the relationship of the building and the site to the surrounding streets, trails and
sidewalks should be enhanced.
8. Trails – Good pedestrian/trail connections shall be provided. An underground tunnel is
proposed between the Parkwood building and the senior condominium. Public pedestrian
circulation relies on existing sidewalks along Park Center Boulevard and 36th Street and the trails
within Wolfe Park. The existing east-west trail located along the south edge of the site is
proposed to be rebuilt. It would remain as a 10 foot wide bituminous path, but it would be
shifted slightly to provide better separation from the relocated Parkwood mechanical screen wall.
This has been reviewed by the Park & Rec Director. The developer should enhance the trail
corridor with landscaping, signage and lighting.
9 .Building Placement - Allow a reduction in the setback from the curb drop off/parking to the
edge of the building to allow convenient drop-off to dwelling units adjacent to these areas as
approved by PUD. The applicant proposes to have a seven-foot setback from a portion of the
building to the drop off curb. The RC zoning district requires a minimum of 15 feet from the
building to the curb of internal drives. This requirement can be waived if addressed in a
Redevelopment Plan adopted as part of the Comprehensive Plan. The site plan shows a 7-9 foot
space along the loop drop off curb and an 18 foot space near the building entry. Staff prefers a
larger space for landscaping, sidewalk and snow storage and will work with the applicant to
increase the space if possible. The spacing near the door is more important and meets the code
requirement.
10. Parking - Allow parking as approved by PUD.
Parking is discussed further below.
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 7 of 23
• Does the proposed PUD meet the Zoning Ordinance requirements?
The proposed project would create a planned unit development over the two existing Park Shore
buildings and the proposed senior condominium building. The purposes of the PUD are to
incorporate all three buildings into a unified planned development and to allow density and
design flexibility for the proposed senior condominium building. PUD properties are to be held
to a higher standard of site and building design.
In general, the idea of a PUD makes sense in this situation in that all three buildings are to be
under the same ownership and the buildings are to be physically connected with a new walkway
tunnel and existing at-grade enclosed walkway. A PUD is a zoning provision that allows some
design flexibility for the developer in exchange for an improved design and a net benefit to the
public. The questions regarding this proposed PUD are related to the appropriateness of the use
of the PUD to allow greater density and height than are allowed under a standard zoning
situation.
Architectural standards: The proposed exterior building materials will consist primarily of brick.
The Zoning Ordinance requires that a minimum of 60% of each building façade consist of Class I
materials. The proposed building satisfies this standard. However, staff is requesting samples of
the proposed materials to be submitted prior to approval of the final PUD to insure that the colors
proposed for the new building are compatible with those of the existing buildings within the
campus.
Park solar shading: A solar shading analysis of the potential impacts upon the park property was
prepared prior to the Planning Commission meeting. That shading analysis of the proposed 14
story building shows that the building will cast a shadow onto the park to the east and onto West
36th Street. The shadow will not affect any of the swimming pool facilities, but in the afternoon a
shadow will be cast across the proposed skate park to be located west of the Rec. Center building
(north of the aquatic center). During peak summer use times the shadow would not reach the
skate park until approximately 3PM. The Park & Rec Director has reviewed this and feels that
the afternoon shading of the skate park is not a significant problem nor will it impair use of the
facility.
Other solar shading: A question was raised at the Planning Commission meeting about shading
and possible electronic signal interference. The applicant prepared a more detailed shading
analysis of the effects upon all surrounding property. The analysis found that the proposed 14
story building would shade the King Controls building located across 36th Street for more than
two hours during the December - January low sun angle period. Redevelopment on the Park
Shores site would need to be approximately eight stories or lower to comply with the city shading
regulation. City Code Section. 36-366(b)(13) states the following:
All developments shall consider the effect of sun angles and shade patterns
on adjacent buildings. All new multiple-family and nonresidential buildings
and additions thereto shall not be located so that the structure casts a
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 8 of 23
shadow which covers more than 50 percent of an adjacent building wall for a
period greater than two hours between 9:00 a.m. and 3:00 p.m. for more than
60 days of the year. Subsection (b)(12) of this section will not apply in an
industrial use district, provided that shade is cast upon a wall which does
not have any openings.
The US Postal Service is currently working on possible redevelopment of the King Controls site
for a new post office. The applicant was asked to analyze the shading effects upon the proposed
redevelopment plan for the King Controls property. That analysis found that the proposed 14
story building could meet the City shading regulation depending upon the details and final
location of the proposed Post Office building.
In summary, the proposed Park Shores building does not meet the shading regulation as applied
to the current King Controls building, but is likely to be able to meet the regulations when the
Kings Controls site is redeveloped. The options for proceeding with the Park Shores
development plan prior to redevelopment of the King Controls site are:
A. Reduce the Park Shores building height to eight or fewer stories.
B. Process a variance for shading of King Controls.
C. Include the deviation from the shading regulation in the Preliminary PUD and
redevelopment plan and as a specific Comprehensive Plan text amendment for the site.
D. Allow the applicant to proceed with the preliminary PUD with a specific condition
regarding conformance with the shading regulations at the time of application for the final
plan approval.
E. Amend the shading regulation to exclude shading of all industrial properties (regardless
of whether they have windows).
Staff recommends that the applicant comply with City shading regulations at the time of the final
PUD plan submittal (option D). Prior to the submittal, the King Controls site may redevelop or
the applicant can pursue a Code text amendment or variance to allow the building to comply with
the existing regulations (option B or E).
The electronic interference issue is difficult to gauge and there are no city regulations that ensure
unencumbered access to all electronic and satellite signals. If problems do occur, staff believes
adjustments can be made to the satellite dishes to resolve the signal interference.
Landscaping and Tree Replacement: A bufferyard B is required along the east and west property
lines and a type A bufferyard is required along the north side. This requirement is exceeded
along the boundaries. In addition interior and parking lot landscaping is proposed. Construction
of the new building and pond will require the removal and relocation of several trees. The
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 9 of 23
landscape plan shows some off-site planting within the park to meet tree replacement
requirements. The City does not want additional plantings within the park at that location. The
tree replacement will need to occur on-site, at a specific off-site location approved by the City, or
in a cash in-lieu of planting payment to the City.
Building Setbacks:
R-C Req'd Proposed
Front (36th): 145' 30'
Interior Side:
High Rise: 120' 41'
Pool Bldg: 15' 17'
Street Side: 15' 30
Rear: 25' 30'
Required building setbacks can be modified by PUD. A modification is proposed to allow a 30
foot front yard setback and a 41 foot interior side yard setback for the high rise building. The
proposed 30 feet setback along 36th Street is more in keeping with the existing setbacks of Target
and the Rec Center and provides adequate visibility from the street corner. It is similar to the
setbacks shown for redevelopment of this property on the concept plans for the Park Commons
area that are adopted into the Comprehensive Plan. The proposed 41 foot side setback adjacent
to Wolfe Park is similar to the setbacks of the existing senior buildings and what is shown on the
Comprehensive Plan concept plans for the area. Shading impacts on the future skate park in this
area appear minimal. Therefore staff believes the proposed building setback modifications are in
keeping with the existing development and Comprehensive Plan goals for the area.
Building Separation: The RC zoning district requires a minimum spacing between buildings
equal to the average height of the two buildings. The existing Parkwood building is 49 feet tall
and the proposed senior co-op is to be 145 feet tall. The average height is 97 feet. The proposed
64 foot separation between the buildings is 33 feet less than this separation requirement. This
can be modified through the Planned Development and is justified due to the desire to connect
the buildings with an underground pedestrian connection.
Emergency Access: The Fire Department has concerns about the turning radius on one of the
interior drives and wants to assure that the parking area is constructed to support the weight of
emergency vehicles. It appears that there is adequate room to adjust the radius and to design the
parking structure to meet their needs. Public Works will also have to review the proposed final
design solution.
Parking: Since the proposed senior co-op allows people under the age of 60, the building does
not meet City Code definition for elderly housing. Therefore, it must be reviewed under the
Code requirement for multi-family housing which requires a minimum of two parking stalls per
unit. The proposed building with 150 new units would be required to have 300 parking stalls.
However, the proposed development is eligible for up to a 30% reduction for: transit services
(10%), bike parking (5%), and a PUD (15%). This would reduce the minimum ordinance
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 10 of 23
requirement to 210 parking stalls. Any reduction below that must be addressed in the
Redevelopment Plan or receive a variance. An alternate standard used by the City for multi-
family parking in PUDs is one parking stall per bedroom. If this were considered, then 261
parking stalls would be required.
According to the developer, there are 230 proposed parking spaces (210 underground spaces and
an additional 20 at the surface). A review of the plans shows 199 underground parking stalls
meeting the 8.5’ minimum width and 15 conforming parking stalls at the surface (214 total
conforming spaces). The developer counted 11 indoor stalls with a width of less than 8.5’ and
five drop-off spaces as parking stalls. If a 25% reduction in parking is granted for transit and a
PUD, then the site would be short 11 parking stalls. It is likely that the developer could
reconfigure the 11 narrow indoor spaces to obtain 8-9 conforming spaces. If the developer adds
bike parking, the parking supply would meet the minimum code requirement.
Proposed on-site surface guest parking is minimal and should be shared with the adjacent senior
buildings. Staff also recommends designating guest parking spaces within the indoor parking
structure. Therefore, staff believes the parking is generally acceptable with the changes noted.
Trail Connection: Construction of the new building and underground tunnel will require changes
to the trail between Wolf Park and Park Center Boulevard. Staff has been working with the
developer to mitigate the proposed changes to the trail, such as assuring there is adequate
distance between the building and buffer space next to the trail. The existing Parkwood building
is 13 feet from the trail edge. It seems appropriate that the new building maintain at least a 13
foot distance to the trail edge. In this area, the building is only one story tall and includes an
indoor pool. The 13 foot setback from the trail would create a 36 foot wide corridor. The
applicant submitted plans to achieve the 36 foot separation. The existing utility enclosure on the
Parkwood site will need to be removed and replaced by a 4-5 foot retaining wall and a screening
fence, moved about 6 feet away from the property line. A fence will be required at the top of the
retaining wall due to the change in grades.
The grading plans show a hump in the reconstructed trail over the proposed tunnel between the
assisted living building and the new senior condominium building. The proposed trail grade is
between 6-8% over the hump and lessens towards the street. The trail grade must be revised to a
handicap accessible consistent grade of 5%. The existing trail easement will likely need to be
amended to address the proposed changes. The Final PUD and development agreement should
include construction criteria for keeping the existing trail open as much as possible and signage
for alternative routes.
Additionally, the developer should install pedestrian lighting and landscaping along the trail.
Access and Circulation: PUD’s should have integrated access and circulation. That is one of the
prime benefits of a coordinated planned development. In this case the applicant is proposing a
third separate driveway access with no vehicular access between the three parcels. Staff
recommends a right in/right out/left-in only access for the proposed senior condominium
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 11 of 23
building and an internal driveway connection between the proposed senior condominium and the
assisted living facility to allow left turns out of the proposed senior coop. See further discussion
of access issues below.
PUD Ordinance: The Ordinance states the PUD projects shall meet certain objectives outlined
below.
A. The design shall consider the whole of the project and shall create a unified environment
within project boundaries by insuring architectural compatibility of all structures,
efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site
features, and efficient design and use of utilities.
Architectural compatibility is attempted through similar use of similar materials and
colors.
The development relies on the public sidewalks and trails for pedestrian connections
between buildings, with the exception of the proposed underground tunnel connecting
buildings.
A new internal driveway connection is proposed which will connect the three buildings.
The landscaping plan is adequate to comply with this guideline.
B. The design of the PUD shall achieve the maximum compatibility of the project with
surrounding land uses, both existing and proposed and shall minimize the potential
adverse impacts of the PUD on surrounding land uses and the potential adverse effects of
the surrounding land uses on the PUD.
The proposed PUD encompasses a senior housing and care campus including existing
senior independent living rental housing and assisted living housing with the proposed
senior ownership housing. Senior housing is not a high traffic generator and is not
anticipated to have an adverse impact on traffic in the area provided left-turns out of the
facility are combined with the existing Parkwood/Parkshores intersection with 36th St.
As noted, shading of the park is expected to be minimal and there would be some shading
of the King Controls site.
C. The design shall take into account any modifications of Ordinance requirements
permitted by Section 14:6-7.4 of this Ordinance and provide appropriate solutions to
eliminate the adverse impacts of any modification required for approval of the PUD.
The scope of the proposed ordinance modifications is appropriate and in keeping with the
spirit and intent of the planned development and the high density residential zoning
district. Shading impacts are to be addressed prior to final PUD consideration.
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 12 of 23
• Is the proposed driveway access acceptable?
The applicant proposed to close the existing full movement driveway with Park Center
Boulevard near the center of the site and build a new full access driveway intersection with Park
Center Boulevard at the south edge of the property. The proposed driveway would be
immediately north of an existing pedestrian crossing. The Comprehensive Plan policy
recommends use of the existing driveway near the center of the site. Public Works and the City's
traffic consultant (SRF) have reviewed the proposal and recommend against the proposed full
access for the following reasons: a) safety and auto/pedestrian conflict concerns, b) the number
and frequency of turning movements and curb cuts along Park Center Blvd., c) the potential for
cut across outbound left-turn traffic from the existing right-in driveway access to Target, d) lack
of coordination with long-term transportation plans for the area, and e) equity issues (if
Parkshores receives another full access at this location, Target would likely want one as well).
Staff recommends a right in/right out driveway with a protected southbound left turn lane from
Park Center Boulevard to the proposed Park Shores senior condominium site. A full median and
dedicated turn lane would prevent any cut through crossings and allow inbound turns. An
internal driveway connection to the assisted living property will allow for north bound left turn
movement onto Park Center Boulevard.
The applicant contends that the northerly location creates greater stacking distance for 36th Street
and that the full movement access to the north will not create a safety problem because the peak
hour traffic movement for the proposed senior condominium is less than the existing peak office
turning movements. The applicant revised the preliminary plan to show the right in/right out
driveway with a protected southbound left turn lane and an internal driveway connection to the
existing senior buildings.
Recommendation:
Staff recommends approval of the amendments to the City’s Comprehensive Plan and the
preliminary Planned Unit Development for the senior co-op, subject to approval of the
Comprehensive Plan amendments by the Met Council and the conditions included in the attached
resolutions.
Attachments:
• Proposed resolutions and summary resolution (Comp Plan) for publication
• July 16, 2003 Memo on Environmental Review Requirements (Supplement)
• Proposed Development plans including updated site plan sheet 2.3 dated August 21, 2003.
(Supplement)
• Shading analyses (Supplement)
Prepared by: Greg Ingraham, Planning consultant for the City of St Louis Park
Approved by: Charles W. Meyer, City Manager
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 13 of 23
RESOLUTION NO.
Amends and Restates Resolution Nos. 96-189 and 96-153
A RESOLUTION AMENDING AND RESTATING
RESOLUTION NOS. 96-189 and 96-153
ADOPTED ON DECEMBER 2, 1996 and OCTOBER 7, 1996
APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) UNDER
SECTION 36-367 OF THE ST. LOUIS PARK ORDINANCE CODE
AND CONSOLIDATING CONDITIONS FROM AN EXISTING SPECIAL PERMIT
RELATING TO ZONING FOR PROPERTY ZONED R-C, MULTI-FAMILY
RESIDENTIAL
GRANTING PRELIMINARY PUD APPROVAL FOR A SENIOR HOUSING
CONDOMINIUM AND COMBINING PROPOSED DEVELOPMENT AND EXISTING
PROPERTIES OF THE PARKSHORE CAMPUS AS A PLANNED UNIT
DEVELOPMENT
3601, 3633 AND 3663 PARK CENTER BOULEVARD
WHEREAS, SilverCrest Properties, LLC has made application to the City Council for
preliminary Planned Unit Development approval for proposed senior housing development (3601
Park Center Boulevard) to be combined in a unified development plan with existing properties of
the Park Shore Campus (3633 and 3663 Park Center Boulevard) within a R-C, Multi-Family
Residential Zoning District and a major amendment to a Park Shores Final Planned Unit
Development (Final PUD) under Section 36-367 of the St. Louis Park Ordinance Code having
the following legal description:
Lots 1, 2 and 3, Block 1, Silvercrest Addition
WHEREAS, the City Council has considered the information related to Planning Case
No. 03-38-PUD and the effect of the proposed preliminary PUD approval to permit construction
of a 150 unit senior housing building and consolidation of the three Park Shores properties into a
single planned development on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions and the effect on values of
properties in the surrounding area. The Council has also determined that the proposed PUD is in
harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive
Plan and that the requested modifications comply with the requirements of Section 36-367(b)(5)
and 36-266(16).
WHEREAS, a special permit was issued to allow construction of a 207 unit senior citizen
apartment building at 3663 Park Center Boulevard pursuant to Resolution No. 86-62 dated May
19, 1986; and
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 14 of 23
WHEREAS, the City Council approved the Final PUD for the existing office building,
bank with in-vehicle service and new 45 unit assisted living building at 3601 Park Center
Boulevard (now also 3633 Park Center Boulevard) on October 7, 1996, Resolution No. 96-152;
and
WHEREAS, the City Council adopted Resolution No. 96-189 on December 2, 1996
rescinding Resolution No. 96-152 approving the Final PUD in order to correct the legal
description and address; and
WHEREAS, an amendment to the existing special permit for the 207-unit senior
apartment building at 3663 Park Center Boulevard was issued to allow certain site design
changes (realignment of an existing trail and certain concrete curbs; construction of an additional
sidewalk connection; and modifications to the approved landscape plan in association with
construction of a 45 unit Assisted Living facility building) to the building at 3601 Park Center
Boulevard (now 3633 Park Center Boulevard) pursuant to Resolution No. 96-153 dated October
7, 1996; and
WHEREAS, an application for approval of a Preliminary Planned Unit Development
(PUD) for Park Shores Senior Condominiums was accepted as complete on June 26, 2003 from
the applicant, and
WHEREAS, notice of a public hearing on the Preliminary PUD was mailed to all owners
of property within 350 feet of the subject property plus other affected property owners in the
vicinity, and
WHEREAS, notice of public hearing on the Preliminary PUD was published in the St.
Louis Park Sailor on July 24, 2003, and
WHEREAS, the Planning Commission opened the public hearing at the meeting of
August 6, 2003, and
WHEREAS, the Planning Commission recommended approval of the Preliminary PUD
on a 5-0 vote subject to conditions including resolution of building shading issues, and
WHEREAS, the City Council has considered the staff reports, Planning Commission
minutes and testimony of those appearing at the public hearing or otherwise including comments
in the record of decision, and
WHEREAS, it is the intent of this resolution to combine the existing special permit, Final
Planned Unit Development located at 3601 Park Center Boulevard and proposed Planned Unit
Development into one Planned Unit Development for the property, and
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 15 of 23
WHEREAS, it is also the intent of this resolution to continue and restate the conditions of
the permit granted by Resolution Nos. 96-153 and 96-189, to add the amendments now required,
and to consolidate all conditions applicable to the subject properties into this resolution, and
WHEREAS, the contents of Planning Case Files 03-38-PUD, 96-16-PUD, 96-25-CUP,
and 86-20-SP are hereby entered into and made part of the public hearing and the record of
decision for this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution Nos. 96-189 (filed as document
no. 6771252) and 96-153 (document not filed) are hereby restated and amended by this
resolution which continues and amends a Final Planned Unit Development for the subject
property for the purpose of granting Preliminary PUD approval for a residential senior housing
development permitting 150 dwelling units, in a building up to 14 stories and a unified
development plan for the Park Shores Campus within a R-C Multi-Family Residential Zoning
District at the location described above based on the following conditions:
From special permit Res. 96-153 3663 Park Ctr. Blvd. (now also 3633 Park Center Blvd.):
1. That the site be developed, used and maintained in accordance with Exhibit A - Site Plan;
Exhibit B - Ground Floor Plan; Exhibit C - Ground Floor Plan; Exhibit D - First Floor Plan;
Exhibit E - Typical Floor Plan; Exhibit F - West Elevation and North Elevation; Exhibit G - East
Elevation and South Elevation; and Exhibit H - Landscape Site Plan, except as modified by the
following conditions: (The floor plans are for general purposes only.) (Exhibits on file in the
City Development Department at the City of St. Louis Park.)
2. The use of the site shall be for senior citizen housing containing 207 units.
3. That all trash be stored inside the building and there be no outdoor storage of trash or
trash containers.
4. That all lighting be directed perpendicular to the ground and no direct rays shall extend
beyond the property line.
5. That the driveway and private entrance contain concrete, poured-in-place curbing
measuring six inches above and below the adjacent roadway surface.
6. That the upper portions of the ramp in the interior of the parking lot contain 5%
landscaping and pedestrian circulation and additional ornamental trees be provided along the
south and east lot lines as shown on the revised plan, and that up to 20 parking spaces be
permitted to be eliminated to provide for the additional landscaping.
7. That erosion control provisions be employed during the construction phase to protect
Wolfe Lake and to minimize erosion on the site and runoff of erosion material into other private
or public property.
8. That the entrance road be designed and constructed in a manner so as to protect the City
storm sewer system and as specified by the Director of Public Works.
9. That driveways be constructed at a grade not to exceed 6%.
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 16 of 23
10. That the link from the cul de sac to the sidewalk be constructed at a grade not to exceed
5% and that all other walkways be constructed at a grade not to exceed 4% and curb drops be
provided at all intersections with the private and public roads.
11. That the east-west walkway along the north property line be at least as wide as the
adjacent trail in Wolfe Park to which it is to link with. Said walkway to be extended by the
applicant to the walkway in Wolfe Park and be lighted using decorative lighting to match the
lighting in Wolfe Park.
12. That prior to construction, an easement be provided to the City permitting the five feet
parallel to Park Center Boulevard to be used for pedestrian purposes and that a pedestrian
easement approximately 25 feet wide be provided along the north property line for pedestrian
purposes. (The width is wider to accommodate the curvilinear nature of the design.)
13. That all improvements including buildings, landscaping, parking, curbing and other
improvements as contained on the improved exhibits be completed by May 15, 1988; however, if
a certificate of full occupancy is received by September 1, 1987, all landscaping and other
improvements must be completed by October 15, 1987.
14. The continued special permit shall be amended pursuant to Planning Case No. 96-25-
CUP to permit realignment of an existing trail and certain concrete curbs; construction of an
additional sidewalk connection; and modifications to the approved landscape plan to allow
construction of a 45 unit Assisted Living facility on 3633 Park Center Boulevard subject to the
following conditions:
a. The northern portion of the site shall be developed, used and maintained in
accordance with Exhibit I: Demolition Plan, Exhibit J: Site Plan, Exhibit K:
Grading, Drainage and Erosion Control Plan, Exhibit L: Landscape Plan such
documents incorporated by reference herein.
b. Prior to issuance of an erosion control permit and commencement of site work, a
14 feet wide trail easement shall be dedicated to the City in a form acceptable to
the Director of Park and Recreation and the City Attorney.
c. Prior to issuance of utility permits, details of the proposed storm sewer connection
shall be approved by the City Engineer.
d. Prior to issuance of an Occupancy Permit for the adjacent Assisted Living facility,
the trail realignment shall be completed by the applicant in accordance with City
specifications and in a manner acceptable to the Director of Park and Recreation,
unless a letter of credit in an amount equal to 125% of the cost of said trail
construction has been submitted in a form acceptable to the City Attorney.
15. Assent form and official exhibits must be signed by applicant prior to issuance of erosion
control permit and commencement of site work.
From Res. 96-189 final PUD for 3601 Park Center Blvd. (now also 3633 Park Center Blvd.):
A. The site shall be developed, used and maintained in accordance with Exhibit A:
Demolition Plan, Exhibit B: Site Plan, Exhibit C: Grading, Drainage and Erosion Control Plan,
Exhibit D: Landscape Plan, Exhibits E and F: Elevations, Exhibit G: Fence, Enclosure Designs,
and the following conditions:
St. Louis Park City Council Agenda
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Page 17 of 23
1. Approval of the Final PUD does not grant any concept approval for future phases
of development involving this property.
2. Approval of the Final PUD is contingent upon City Council approval of an
amendment to the Continued Special Permit for the Parkshore Place apartment property to
address associated improvements involving that property; approval of the Final PUD is further
contingent upon adherence by the applicant to any conditions of such Special Permit approval.
3. Approval of the Final PUD includes modification of the lot width requirement in
the "R-C" District from 80 feet to 40 feet and allows for administrative approval of a subdivision
to create a separate lot for the Assisted Living property (3633 Park Center Boulevard) as shown
on Exhibit B.
4. Approval of the Final PUD is contingent upon termination of the drive thru bank
lease, once the current term expires, and removal of the drive thru building.
5. Evidence of Watershed District approval shall be submitted prior to issuance of
erosion control and building permits; the project shall comply with other City, State, and Federal
agency requirements as applicable.
6. Final Utility Plans and evidence of property owner consent to sanitary sewer
connections shall be submitted and approved by the City Engineer prior to issuance of utility and
building permits.
7. Samples of final building materials and colors and potential minor changes to the
exhibits, as needed, shall be submitted and approved by the Director of Community Development
prior to issuance of buildings permits. Use of vinyl siding is expressly prohibited.
8. A development agreement between the applicant and EDA shall be executed prior
to issuance of building permits.
9. Irrigation and Site Lighting Plans (including photometric) shall be approved by
the Zoning Administrator prior to issuance of building permits.
10. Sprinkler and Fire Alarm Plans shall be approved by the Fire Marshall prior to
issuance of building permits.
11. Joint parking and access agreements between the office/bank property, Assisted
Living Property, and Parkshore Place apartment property, in a form acceptable to the City
Attorney, shall be executed prior to issuance of a Occupancy Permit for the Assisted Living
facility.
12. All improvements shall be completed in a manner acceptable to the City prior to
issuance of an Occupancy Permit, except that a temporary Occupancy Permit may be issued prior
to completion of landscaping improvements provided a letter of credit in an amount equal to
125% of the cost of said improvements is submitted in a form acceptable to the City Attorney.
The Planned Unit Development shall be amended on October 7, 2003 to incorporate all of
the preceding conditions and to grant Preliminary PUD approval to Park Shores Senior
Condominiums at 3601 Park Center Boulevard subject to Metropolitan Council approval of the
associated Comprehensive Plan amendments adopted by the City Council (Case No. 03-37-CP)
and subject to the following conditions:
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 18 of 23
A. The preliminary PUD approval is granted in accordance with the Official Exhibits, which
shall be revised to meet the recommended conditions including the approved right-in, right-
out, left-in only access and designated guest parking.
B. Prior to Final PUD consideration, all application requirements shall be met, including
submission of a sign plan, guest parking plan and conformance with the City solar shading
requirements in effect at the time of the application or approval of a variance from the
shading requirements. Final PUD approval and development is contingent upon developer
meeting all conditions of final approval.
C. Prior to any site work, the developer shall meet the following requirements:
1. A development agreement shall be executed between the developer and the City that
covers at a minimum, conditions for trail construction and repair and cleaning of public
streets.
2. Submit financial security in the form of cash escrow or letter of credit in the amount of
125% of the costs of public sidewalk installation and repair/cleaning of public streets.
3. Record all cross-easement agreements for access, utility, and drainage for the three lots
within the PUD and record any required changes to the trail easement.
4. Reimburse the City for City attorney’s fees in drafting/reviewing such documents.
5. Demolition and erosion control permits, Watershed District permit and other necessary
permits from the City and other agencies shall be obtained.
6. Sign Assent form and official exhibits.
7. Meet any other required conditions of the Final PUD and development agreement.
D. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
1. Meet any Fire Department emergency access requirements for during construction.
2. Building materials samples to be submitted to and approved by the City.
3. Lighting plans to be submitted to and approved by the City for the entire development.
Lighting design is to be compatible throughout the development, and shall meet all City
standards.
4. Signage plans to be submitted and approved.
5. Meet any other conditions as required by the Development Agreement.
H. 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.
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.
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.
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 19 of 23
Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution of a
development agreement as a condition of approval of the final PUD. The development
agreement shall address those issues which the City Council deems appropriate and necessary.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to acceptance of Final PUD application as complete.
Reviewed for Administration: Adopted by the City Council October 7, 2003
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 20 of 23
RESOLUTION NO.
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
3601, 3633 AND 3663 PARK CENTER BOULEVARD
WHEREAS, the Comprehensive Plan 2000-2020 was adopted by the City Council on
May 17, 1999 (effective September 1, 1999) and provides the following:
1. An official statement serving as the basic guide in making land use, transportation and
community facilities and service decisions affecting the City.
2. A framework for policies and actions leading to the improvement of the physical,
financial, and social environment of the City, thereby providing a good place to live and work
and a setting conducive for new development.
3. A promotion of the public interest in establishing a more functional, healthful, interesting,
and efficient community by serving the interests of the community at large rather than the
interests of individual or special groups within the community if their interests are at variance
with the public interest.
4. An effective framework for direction and coordination of activities affecting the
development and preservation of the community.
5. Treatment of the entire community as one ecosystem and to inject long range
considerations into determinations affecting short-range action, and
WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and
more economical environment for residential, commercial, industrial, and public activities and
will promote the public health, safety, and general welfare, and
WHEREAS, said Plan will prepare the community for anticipated desirable change,
thereby bringing about significant savings in both private and public expenditures, and
WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities
of adjacent units of government, and
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 21 of 23
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 SilverCrest Proprieties requested an amendment to the Park Center
Housing District guidelines contained in the Redevelopment section of the City of St. Louis Park
Comprehensive Plan 2000-2020, and
WHEREAS, the Planning Commission of the City of St. Louis Park recommended
adoption of an amendment to the Comprehensive Plan Park Center Housing District guidelines
on August 6, 2003, 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:
Amendments to the City Comprehensive Plan, Chapter P, Redevelopment, Park Center Housing
District guidelines relating to redevelopment of 3601 Park Center Boulevard (existing office
property) to allow density and floor area ratio (FAR) averaging over three properties, to increase
the floor area ratio, to increase allowable height on the senior housing property, to allow a curb
cut at the south edge of the senior housing property, to address building/driveway placement, and
to allow a reduction in parking for the senior housing building, and to adopt a unified
Redevelopment Plan for all three properties (3601, 3633 and 3663 Park Center Boulevard).
Redevelopment of the office property as high density residential, which is anticipated to occur
within five to ten years (2005-2010), shall conform to the following guidelines. The existing
guidelines (strike-through) and revisions (underlined) are listed below.
Maximum density shall be at or near 75 units per acre. Maximum density shall be at or near 75
units per acre when averaged over the three parcels.
Floor Area Ratio may be a maximum equal to the Parkshore high rise (2.2 FAR). Floor Area
Ratio may be a maximum of 2.3 when averaged over the three parcels
Height may be a maximum equal to the Parkshores high rise (142 ft.). Height may be up to 14
stories as approved PUD.
There shall be no reduction in the amount of existing usable open space on the lot.
Any curb cut on Park Center Boulevard shall be aligned with the existing median break. The curb
cut access to the proposed development shall be moved to the southern edge of the property to
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 22 of 23
enhance traffic operations at West 36th Street and shall consist of a right-in, right-out, left-in
only. No outbound left-turn movement shall be allowed at this curb cut.
The site design shall conform to Livable Communities principles outlined in Chapter R,
specifically including the relationship to the public street, architectural interest at the pedestrian
level, and use of below ground structured parking.
Architecture shall coordinate with Parkwood Shores and Parkshore Place.
Good pedestrian/trail connections shall be provided.
Allow a reduction in the setback from the curb drop off/parking to the edge of the building to
allow convenient drop-off to dwelling units adjacent to these areas as approved by PUD.
Allow parking as approved by the Planned Unit Development.
Reviewed for Administration: Adopted by the City Council October 7, 2003
Contingent upon approval of the Metropolitan
Council
City Manager Mayor
Attest:
City Clerk
03-37-CP:res-ord
St. Louis Park City Council Agenda
Item: 100703 - 8c - Park Shores Comp Plan amend. & PUD
Page 23 of 23
SUMMARY
RESOLUTION NO.________
A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN 2000 TO THE YEAR 2020 FOR THE CITY OF ST. LOUIS PARK
UNDER MINNESOTA STATUTES 462.351 TO 462.364
3601, 3633 and 3663 PARK CENTER BOULEVARD
Amendments to the City Comprehensive Plan, Chapter P, Redevelopment, Park Center Housing
District guidelines relating to redevelopment of 3601 Park Center Boulevard (existing office
property) to allow density and floor area ratio (FAR) averaging over three properties, to increase
the floor area ratio, to increase allowable height on the senior housing property, to allow a curb
cut at the south edge of the senior housing property, to address building/driveway placement, and
to allow a reduction in parking for the senior housing building, and to adopt a unified
Redevelopment Plan for all three properties (3601, 3633, and 3663 Park Center Boulevard).
Adopted by the City Council October 7, 2003
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: October 16, 2003
03-37-CPsum