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HomeMy WebLinkAbout2005/07/05 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 5, 2005 – 7:30 p.m. 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of June 20, 2005 b. City Council Study Session Minutes of June 13, 2005 c. City Council Study Session Minutes of June 20, 2005 Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing to consider an intoxicating off-sale liquor license for Miracle Mile Liquor Barrel, Inc. at 5111 Excelsior Blvd Request of Council to approve an intoxicating off-sale liquor license for a retail store to be located in the Miracle Mile shopping center. Recommended Action: Mayor to close public hearing. Motion to approve the intoxicating off-sale liquor license for Miracle Mile Liquor Barrel, Inc. located at 5111 Excelsior Blvd. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. First reading of an ordinance allowing off-leash dogs in designated off-leash area. This report considers the adoption of an amended ordinance that authorizes dogs to be off their leash in a designated off-leash area and establishing the permit process Recommended Action: Motion to approve first reading of the amended ordinance allowing off-leash dogs in a designated off-leash area with a permit and to setting second reading for July 18, 2005. 8b. Request by Darrell W. Brown for a Conditional Use Permit to allow more than 800 square feet of accessory building ground floor area. Case Nos. 05-10-CUP 5511 Vermont St. Recommended Action: • Motion to approve a Conditional Use Permit to allow a cumulative ground floor area for accessory buildings not to exceed 1,170 square feet. 8c. Zoning Ordinance Amendment to remove Cluster Housing from the R-1, R-2 and R-3 zoning districts as a conditional use, while allowing existing cluster housing developments to continue as a conforming use. Case Nos. 05-23-ZA Recommended Action: Motion to approve first reading of Zoning Ordinance amendment, and set second reading for July 18th. 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 JULY 5, 2005 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to approve second reading of ordinance amending the zoning designation for property located at 7202 and 7252 Excelsior Boulevard from O-Office to RC-High Density Residential, adopt ordinance, approve summary, and authorize publication. Case No. 04-72-Z 4b Motion to adopt second reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street, approve summary, and authorize publication. Case No. 05-16-Z.. 4c. 2005 Street Sealcoat Project: Motion to designate Allied Blacktop Co. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $218,371.10 for the 2005 Street Sealcoat Project, No. 2005-0001 4d. Motion to adopt second reading of an Ordinance vacating right-of-way along a portion of 16th Street West, approve summary, and authorize publication 4e. Motion to adopt a resolution approving plans and specifications and authorizing advertisement for bids for construction and installation of a high-speed fiber optic link to connect the St. Louis Park Public Safety Answering Point (PSAP) to Hennepin County radio communications tower to support 800 MHz radio communications 4f Motion to accept Vendor Claim Report AGENDA SUPPLEMENT CITY COUNCIL MEETING July 5, 2005 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 20, 2005 - 7:30 p.m. 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 pm. Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa and Sally Velick Staff present: Associate Planner (Mr. Fulton), City Manager (Mr. Harmening), City Attorney (Mr. Scott), City Clerk (Ms. Reichert), Community Development Director (Mr. Locke), Economic Development Coordinator (Mr. Hunt), Planning/Zoning Supervisor (Ms. McMonigal), Planning Coordinator (Ms. Erickson) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. Fred Dolton Recognition Mayor Jacobs read Resolution 05-084 honoring Fred Dolton for over 33 years of service to the City of St. Louis Park. 3. Approval of Minutes 3a. City Council Minutes of June 6, 2005 Councilmember Sanger indicated in the last paragraph of page three, it should state, “Cedar Lake Road in Lake Forest”, and “eliminating parking…” should read “limiting parking.” Councilmember Santa indicated on page three, third paragraph from the bottom, the correct spelling was “Steven Steuck”. The minutes were approved as corrected. 3b. City Council Special Meeting Minutes of May 23, 2005 Councilmember Sanger stated the last paragraph of page one, “potential” should be inserted before “legislation”. The minutes were approved as corrected. 3c. Study Session Minutes of May 23, 2005 St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 2 Councilmember Sanger indicated in the fourth paragraph of page two, “that area” should be the “Cedar Knoll area”. The minutes were approved as corrected. 3d. Study Session Minutes of June 6, 2005 Councilmember Finkelstein indicated it should reflect he was present. The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve Resolution 05-087 adopting the updated Public Purpose Expenditure Policy and rescind prior Resolution Nos. 00-055 and 03-013. 4b. Bid Tabulation: Designate Valley Paving Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $843,724.12 for the 2005 Municipal State Aid Street Rehabilitation Project – City Project No. 2004-1100 4c. Approve Resolution 05-084 recognizing contributions and expressing appreciation to Fred Dolton. 4d. Approve the Housing Authority Minutes of May 11, 2005 4e. Accept vendor claims for filing (supplement) It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 6. Public Hearings 6a. Public Hearing to consider an application for a Club On-Sale Intoxicating Liquor License for the Frank Lundberg American Legion Post 282 located at 5605 W 36th St in St. Louis Park Ms. Reichert presented the staff report. St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 3 Councilmember Omodt asked if the VFW would remain there or were they going to coop the club or disband. Tom Schottenbauer, 4170 Webster Ave, responded that the VFW announced they would cease operations and go out of the business completely. They were going to spread their membership to other posts. Some at the American Legion decided to take over operations, re-negotiate the lease and apply for a liquor license. It was moved by Councilmember Basill, seconded by Councilmember Omodt to approve the application for a Club Liquor License. Councilmember Finkelstein noted when the conversion of the building was approved, if was predicated upon a 15-year lease. Were they able to establish a long-term lease. Mr. Schottenbauer replied they had established a first lease and several extensions. He thought there were twelve years left in the original agreement and believed the extensions brought them to that. Councilmember Finkelstein asked if this played a role in the issue of the billboard. Mr. Scott replied it did not. Councilmember Finkelstein asked if they would change the use, such as use of the additional room. Mr. Schottenbauer replied no, they were not leasing that room. The motion passed 7-0. 6b. Public Hearing to consider Vacation of a portion of 16th Street West near Lamplighter Pond Mr. Fulton presented the staff report. It was moved by Councilmember Velick, seconded by Councilmember Sanger to approve first reading of an ordinance vacating right-of-way along a portion of 16th Street West and set second reading for July 5, 2005. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Request of Sam’s Club for a Comprehensive Plan Map amendment from Industrial to Commercial and a Zoning Map amendment from IG – General Industrial to C2 – General Commercial for property located at 7115 W. Lake Street. Case Nos. 05-17-CP and 05-16-Z. Resolution #05-085. Mr. Fulton presented the staff report. Dave Sullergren, Raymond Harris Architects discussed the site plan and indicated that they were before the Council because they had run into higher costs to remediate soil and St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 4 to retrofit the building. Given the investment, they decided to build a new building that would be more efficient. There were concerns about parking and the location of the gas station brought up last year. In the revised plan, the building would screen the parking and the gas station would be relocated. They would work with staff on addressing other questions for the CUP (traffic, screening, building materials, etc.). This building was smaller than the one presented last year. Councilmember Santa believed this worked much better and believed if they continued to work on it they would have a much better product than was talked about previously. It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Resolution #05-085 amending the Comprehensive Plan to change the land use designation from Industrial to Commercial at 7115 W. Lake Street. Councilmember Sanger supported this approach because it gave them the potential of a better-looking building and solving the problem of two different zoning districts for the same parcel. She hoped they would also take into account the appearance of the building from Louisiana Avenue as well. Councilmember Finkelstein agreed changing the orientation of the building made sense. It was a unique opportunity to encourage use of art on the back and side of the building so people were not staring at a brick wall. It appeared there would be less than 100 parking spots while construction was going on, how many spots did they currently have. Mr. Fulton replied there would be over 300 available at the site, which was under the required number of parking spaces. Councilmember Finkelstein asked what they typically used for daily operation. Mr. Sullergren replied around 300. They were aware of the issue and had engaged a broker and had five alternate sites for interim parking, primarily for employees. Councilmember Finkelstein stated a condition of the conditional use permit was that in accordance with increased traffic on Highway 7, including Wooddale, Sam’s Club agreed to pay for part of the cost of a pedestrian bridge. He wanted to be sure that would be part of the new CUP and rezoning. Mr. Sullergren stated that was in the development agreement and they had no intent to change that. It would be part of the new agreement. The motion passed 7-0. It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adopt first reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street and to set second reading for July 5, 2005. The motion passed 7-0. 8b. Request for a public hearing to consider the establishment of a special service district along the western portion of Excelsior Boulevard from Highway 100 St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 5 to Louisiana Avenue and to consider the imposition of a service charge within the district. Mr. Hunt presented the staff report. He noted that there would be two public hearings, July 18th and August 1st. It was moved by Councilmember Basill, seconded by Councilmember Santa, to set public hearings for July 18, 2005 and August 1, 2005 to consider the establishment of Special Service District #4 and consider the imposition of a service charge within the district. The motion passed 7-0. 8c. Request of Emad Abed for a Comprehensive Plan land use amendment and a Zoning map amendment for property located at 7202 and 7252 Excelsior Boulevard. Case Nos. 04-71-CP and 04-72-Z. Resolution #05-086. Ms. Erickson presented the staff report. Dean Dovalis, DJR Architecture made introductions. He described the redesign of the public art portion and wall, which created a gateway and screened the parking area. There will be public parking for people to access the creek. All entrances of the building will be two feet above the flood plain. Storage would be incorporated into the Appliance Smart property, by lowering it a couple of feet. Wetland mitigation would be accomplished North of the building by re-grading, removing buckthorn and making the area a type two wetland (wet during rainy periods). Councilmember Basill asked for clarification regarding the marketability of the bigger units and dropping the density. Mr. O’Neill responded that he didn’t see any difficulty marketing bigger units. There could be a couple of different market positions for this building. If the upper floors have skyline views and views of the wetlands, they could get premium prices and interested buyers. Being a “high-rise” in the suburbs would give it a unique position in the market that could be attractive. Heated underground parking would also be desirable. Councilmember Basill asked for the difference between office versus residential and what it meant for traffic on Excelsior Blvd. Mr. Benshoof replied for the proposed development (125 condos/50,000 sq. ft of office) trip generation projections for the AM peak hours would be 47 trips and the alternative would be 133. The PM peak hour projections would be 55 trips for the proposed development and the alternative would generate 140 trips. Councilmember Basill thought the numbers could be skewed because they could run into parking issues, but the existing use would have more traffic than the proposed use. As they had talked with neighbors a couple of issues came forward. The developer went to meetings and listened to the concerns and made significant changes to the proposal, which he appreciated. The original proposal had many more units, didn’t involve public art, didn’t involve a public easement or public parking to use the wetland. Dedicating the wetland and not using that for future development, elimination of a billboard and St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 6 allowing public parking were pluses. Concerns that had come up from the neighborhoods were regarding traffic and the number of units. They had dropped the density and the amount of traffic by changing the use. This would have a lot less impact than the alternative use. This borders housing, a wetland and a golf course, which left industrial on one side. The changes had made the plan much better than the alternative and he appreciated the lower density and larger units. Councilmember Sanger stated there was misleading information on the chart shown by Mr. Benshoof. He compared a six-story residential building to a potential office building of what height. Mr. Benshoof responded that the development statistics would be 125 units and 50,000 square feet of office. Councilmember Sanger thought that they were informed last week that if there were offices on this property, they would require one floor of parking for every floor of office. They wouldn’t have a building there that would be the theoretical maximum the zoning code would allow. The comparisons they were making about the traffic that would be generated from a residential unit versus the traffic that would be generated from an office unit were not accurate and were misleading. If they were going to make comparisons, they ought to make comparisons with what would realistically be built if it were an office building, rather than what could theoretically be built if they didn’t have to take parking into account. Mr. Dovalis stated a six-story building would have three stories of office and three stories of parking (90,000 sq. ft.), and asked what that would generate. Mr. Benshoff replied the peak trip generations would be 140 trips in the AM and 134 PM trips. Mr. Dovalis indicated the traffic information was based on a proposal from the developer if he didn’t get the zoning for this project. He could do something allowing the same amount of housing units mixed with office. Mr. Benshoof was given an example of office only with no housing. Housing generated fewer trips than office. Councilmember Sanger believed it would depend on what they would put instead of the proposed housing in order to make a fair and accurate comparison. Councilmember Velick asked how impact flooding of the underground parking was addressed. Mr. Voit responded that the property would be two feet above the flood plain. To mitigate flooding they would install a series of under drain lines with a 20-foot spacing underneath the entire footprint and around the perimeter of the building. There would also be geo textile around the area to prevent fine material from clogging the lines. Councilmember Omodt indicated the Methodist Hospital expansion was just approved, which was closer to an active body of moving water and asked how this project compared. Ms. Erickson replied that the buildings were near the flood plain. They required that 15 feet beyond the building be two feet above the flood plain. That was also required for Methodist. Councilmember Omodt spoke in favor of changing this designation. This was private money and he believed this was the proper use of a gateway to the city. It was removing a billboard. St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 7 He complemented the team on the use of public art. The developer had done everything they had asked him in terms of wetland mitigation, flood plains, having a boardwalk and allowing public access. This would also help property values for the residences. It also made this a walkable city and people who worked at the hospital might want to live here. It was moved by Councilmember Omodt, seconded by Councilmember Basill, to approve Resolution #05-086 amending the Comprehensive Plan Land Use from Office to RC contingent upon review of the Metropolitan Council, approve summary publication and authorize publication. Councilmember Sanger agreed that the developers had made changes in response to requests that had been made. She was glad to see the billboard coming down and to see the public art. She was still not in favor of the plan. On a land use basis, this property was bordered on two sides by industrial areas, which was what the upper stories would see. Residents complain about noise, even though they were aware of the industrial uses when they purchased. Secondly, she was concerned about wetland and flooding issues. She appreciated the Engineer’s approach, but that was probably what the engineers said years ago when they built the rest of St. Louis Park, where they spent millions of dollars correcting flooding problems. It made no sense to build a residential property right against a wetland and floodplain. The parking could still flood. The Council would get complaints and would be petitioned to spend millions of dollars to fix the flooding problems. They should learn from past experience. She thought this was an appropriate spot for an office campus. People in offices did not complain and didn’t demand the same kinds of changes to their surroundings like those in residential. Councilmember Finkelstein stated he would be voting in favor of the project. He was initially opposed because of concerns about traffic, hydrology issues and market issues. It was not their job to worry about market issues. It was also not his job to play hydrologist. In regards to the traffic, he was convinced this would have a traffic calming aspect. The developer had been very accommodating coming up with a plan meeting the City’s needs and his needs. Through the use of a PUD and a plat, they would be able to remove a blackboard on one of the gateways and would be able to protect one of the great natural wonders of St. Louis Park. This would allow them to protect it now and into the future and also make it available to the community. In addition to protecting the wetland and giving the creek an opportunity to meander, the public can also have an opportunity through the boardwalk and trail (which had been promised), they would also have public art in a gateway area. This project was a superior design and the current zoning would allow them to do a mixed-use project that would be far less desirable for the community and would do far less to aide in the development of Excelsior Av. west of Highway 100. It was the right thing to do. Councilmember Basill agreed with Councilmember Finkelstein. They had been studying Excelsior Blvd. to the west and were looking to improve that corridor. The traffic was alarming. This was an opportunity for a quality project and to reduce traffic from what would be there on another project that could be built. He thought they should move forward. Councilmember Omodt stated City employees could control noise to some extent at the MSC building. There were other sites under potential development in the City that either St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 8 bordered something zoned or used as industrial including the Hoigaard’s site. People look at the internal amenities of the site. The developer was using Lundgren Brothers for some of the interior work. They are one of the leading builders in the state. People shouldn’t be surprised there is industrial. He would guess that the buildings were being built to mitigate noise. Regarding people coming back and complaining to the City Council, that was part of their role as problem solvers. This was a beautiful way to solve a problem in the City and they should seize the opportunity. Councilmember Santa agreed with much of what Councilmember Sanger said and that it was more traumatic when it was personal property being flooded. They had spent millions of dollars in the City getting as many properties as possible up to the 100-year flood level, plus 25. She did not want to think about a future Council being put into the position they had been in dealing with residents who had been flooded. Having said that, they needed to look at this in terms of land use, they could look at the other issues later. It was a beautiful project. In terms of traffic, this was on a major bus line and they needed to encourage people to use public transportation as an alternative. From a land use perspective, she supported the resolution. She could not see encouraging additional empty office space in the community. It made sense to put in a residential use that would be a benefit and make a good use of this site. Mayor Jacobs agreed that he had been able to make arguments on both sides of this issue and shared Councilmember Sanger’s concerns. He presumed that City staff and the hydrologists would build this building to the required specifications. They had spent a lot of money on floodwater mitigation and he was concerned about that. Residents had more at stake than people working or renting an office. He was also concerned about the nearby industrial. But what eventually persuaded him to support this project was asking the question, “Is it risky to do this.” Yes it was. It was risky to put residential property next to what has been an industrial use for many years. But this City was all about risk and this was a calculated one. They were making a decision based on the best information they have at the time. The office market is very soft and he believed it would remain so for awhile. Under these circumstances, given the traffic issues that had come up and the building, it was worth the risk. There were some areas on Excelsior Blvd. on the cusp, and they were risking making an investment. If they risk investing with the hopes that it would make the surrounding areas better, for him it was worth the risk. For those reasons he would be supporting this. The motion passed 6-1, with Councilmember Sanger opposed. It was moved by Councilmember Omodt, seconded by Councilmember Basill, to approve first reading of Ordinance amending zoning map to change the designation from O- Office to RC-Residential Commercial and set second reading for July 5, 2005. The motion passed 6-1, with Councilmember Sanger opposed. 9. Communications Mayor Jacobs thanked those involved with organizing Parktacular, which went very well. St. Louis Park City Council Meeting Item: 070505 - 3a - Council Minutes June 20, 2005 Page 9 Councilmember Omodt commended the Rec. Center staff for their work on the high school graduation party. The power had gone out, and the staff pulled together and did a great job. Mr. Harmening indicated that the Community Foundation Board and the St. Louis Park School Foundation had been working together to see if the two foundations could partner to the benefit of the larger community. They drafted a joint brochure and submitted it for Council comments. 10. Adjournment The meeting adjourned at 9:10 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting Item: 070505 - 3b - Study Session Minutes June 13, 2005 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION June 13, 2005 Prior to the meeting, council, members of the parks and recreation commission and staff participated in a picnic celebrating the grand opening of the Oak Hill Park Splash Pad. The meeting convened at 6:45 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), Community Development Director (Mr. Locke); Planning Supervisor (Ms. McMonigal); Economic Development Coordinator (Mr. Hunt); Planner (Ms. Erickson); Parks and Rec Director (Ms. Walsh); Finance Director (Ms. McGann) and City Clerk (Ms. Reichert). 1. Update on the Al’s Bar, American Inn and Anderson Cleaners sites Mr. Locke provided an update on the process related to creating design guidelines and the current development outlook for the sites, located at Excelsior and France. Mr. Hunt provided a brief history of the development proposals that had come forward as well as the existing proposal. He stated that the neighborhoods’ insistence on lower density may have an impact on the formula for the current proposal. Councilmember Basill believed that height is the big issue and source of disagreement between neighbors. He was clear that he did not wish to provide TIF assistance unless all three parcels were unified in a single new development. Councilmember Finkelstein agreed. He cautioned against leaving any of the three parcels out of the final proposal. He also hoped the land is not over-priced because of hopes of what could be built for, rather than the reality of what could and would be approved. He also believed there should be a public art component built into the development. Councilmember Sanger agreed the area should be developed as one site. She would consider TIF if all parcels were developed together, the cleaners would be included and the site would house spectacular architecture. She questioned whether there was contamination from the dry cleaning establishment. Staff stated that no processing had been done at the site, but that soil tests would be done as usual. Councilmember Santa also wanted good architecture, a good mix of commercial uses and public art. Councilmember Sanger encouraged the developer to look at a building higher than six stories to get a good view of the lake. St. Louis Park City Council Meeting Item: 070505 - 3b - Study Session Minutes June 13, 2005 Page 2 Mr. Hunt asked the council what their comfort level would be if it became necessary to pursue eminent domain to get all three parcels. Mayor Jacobs stated that it has been a successful tactic in the past and he would support a taking if it came to that to keep the three parcels in the development Councilmember Sanger asked what the justification for TIF funding would be. Mr. Hunt responded that all three parcels would qualify as “substandard buildings”. The applicants had concerns regarding the power of the neighborhood to influence their development plans. They asked for direction and support from the council in that regard. 2. Meadowbrook Lofts Proposed Comprehensive Plan and Zoning Map Amendments Ms. Erickson introduced Dean Dovolis, representing the developer, who presented an overview of the project. He introduced members of the development team who were present at the meeting. He explained modifications to the plan that had taken place since the last council meeting. Some of those modifications included greater capacity to expand the individual units and enhancements to the creek area. He had been working with the Minnehaha Creek Watershed District and proposed that the creek area be deeded permanently to a public entity for use as open space and that improvement be done to restore the creek to its more natural course. Councilmember Basill asked which entity would the creek be deeded to and would there be guaranteed public access to the creek. Mr. Dovolis responded that the City would be deeded the land. He had been working with Appliance Smart for access to their parking lot for trailhead parking. Councilmember Finkelstein believed there should be an agreement on the amenities before the rezoning occurred. Mr. Locke responded that rezoning cannot be conditioned upon proposed amenities. The appropriateness of the land use should guide the council’s decision regarding rezoning. Councilmember Omodt favored rezoning and believed this project was a great opportunity. Councilmember Sanger still believed building on the floodplain was the dominant issue and would not support rezoning no matter what amenities were offered in exchange. Mayor Jacobs was more concerned about proximity to the industrial zoning areas and also about the deteriorating condition of the apartments to the east. Councilmember Finkelstein believed this project could serve as a catalyst to encourage other improvements to West Excelsior Blvd. Councilmember Omodt urged the council to support this project. St. Louis Park City Council Meeting Item: 070505 - 3b - Study Session Minutes June 13, 2005 Page 3 Mr. Harmening stated the project would be coming forward for council approval on June 20. 3. Review and Discuss Budgeting Principles Ms. McGann presented the first of a series of education sessions for the council called “Budget 101.” The session covered basic principles, types of budgets, legislative considerations, historical information and some other general material. 4. Guiding Principles for Public Process Council had reviewed the first draft of a proposed Statement of Guiding Principles for Public Process at an earlier meeting and had asked for revisions. Because there was such a range of comments, it became apparent that no single version could address the full spectrum of beliefs about the scope of the public process that the city might pledge itself to. To highlight the different possible approaches and spur additional discussion that could lead to clarification of the council’s stance, three variations of the original draft policy statement were presented for consideration. Councilmembers debated the merits of producing any kind of statement and the possible target audience for such a statement. Mr. Harmening felt it was important to define expectations for staff and for developers. Following discussion, council directed staff to move toward adoption of draft number 3 with some additional clarification of roles. Ms. Schwartz offered to make changes directed by council and present for further review at a later date. The meeting adjourned at 9:45 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting Item: 070505 - 3c - Study Session Minutes June 20, 2005 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION June 20, 2005 The meeting convened at 6:45 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening); Finance Director (Ms. McGann); and City Clerk (Ms. Reichert). 1. Comprehensive Annual Financial Report Ms. McGann introduced Steve McDonald of Abdo, Eick, & Meyers who had performed the audit. Mr. McDonald explained that an unqualified opinion, the best opinion that can be issued, was given for the 2004 St. Louis Park Comprehensive Annual Financial Report. Mr. McDonald presented an overview of the Management report and entertained questions from the council. Council was pleased with the report and commended Finance Department staff on a job well done. The meeting adjourned at 7:04 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting Item: 070505 - 4a - 2nd Reading Meadowbrook Lofts Page 1 of 3 4a. Motion to approve second reading of ordinance amending the zoning designation for property located at 7202 and 7252 Excelsior Boulevard from O-Office to RC- High Density Residential, adopt ordinance, approve summary, and authorize publication. Case No. 04-72-Z Background: On June 20, 2005, the City Council approved a Comprehensive Plan 2000-2020 land use designation amendment from Office to Residential High Density for property located at 7202 and 7252 Excelsior Boulevard. The Council also approved first reading of a zoning map amendment from O-Office to RC-High Density Residential and set second reading for July 5, 2005. Following adoption of a zoning map amendment, the applicant, Emad Abed, will submit applications for PUD and plat approvals to allow a 6-story 107 unit residential condominium building known as Meadowbrook Lofts. Recommendation: Staff and the Planning Commission recommend approval of the Ordinance. Attachments: Proposed Ordinance Summary for publication Prepared By: Judie Erickson, Planning Coordinator Reviewed By: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved By: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 4a - 2nd Reading Meadowbrook Lofts Page 2 of 3 ORDINANCE NO. 2293-05 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 7202 and 7252 EXCELSIOR BOULEVARD THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-72-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tracts as hereinafter set forth, to wit: Tracts B and C, Registered Land Survey No. 1674 from O - Office to RC – High Density Residential. Section 3. The contents of Planning Case File 04-72-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. The ordinance shall take effect upon Metropolitan Council review of associated Comprehensive Plan amendment. Adopted by the City Council July 5, 2005 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 04-72-Z:res-ord/2005 St. Louis Park City Council Meeting Item: 070505 - 4a - 2nd Reading Meadowbrook Lofts Page 3 of 3 SUMMARY ORDINANCE NO. 2293-05 AN ORDINANCE CHANGING BOUNDARIES OF ZONING DISTRICTS 7202 AND 7252 Excelsior Boulevard This ordinance states that the zoning districts of 7202 and 7252 Excelsior Boulevard will be changed from O – Office to RC – High Density Residential. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 5, 2005 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 14, 2005 04-72-Z St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 1 4b. Motion to adopt second reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street, approve summary, and authorize publication. Case No. 05-16-Z.. Current Zoning: IG – General Industrial Comprehensive Plan Designation: Industrial Parcel Size: 4.22 Acres Current Land Use: Parking Proposed Land Use: Retail Other required approvals: CUP Background Sam’s Club has applied for amendments to the Comprehensive Plan and the Official Zoning Map. The Council passed a resolution approving the amendment to the Comprehensive Plan at its June 20, 2005 regular meeting. That amendment is now undergoing review by the Metropolitan Council. The Council also adopted the first reading of an Ordinance amending the Official Zoning Map at its June 20, 2005 regular meeting. As required by the City’s Charter, all ordinances require two readings prior to going into effect. Sam’s Club requests that the northern half of its property be rezoned from I-G (General Industrial) to C-2 (General Commercial). Pending approval of the change in zoning, Sam’s Club has indicated it intends to apply for a Conditional Use Permit to construct a new store. Sam’s Club has indicated that the future application for a Conditional Use Permit will include all conditions imposed on it by the Conditional Use Permit approved by the Council in 2004 and that it will incorporate the principles of “New Urbanism” in the forthcoming design of the new structure. Further information, including an analysis of the issues surrounding the rezoning request by Sam’s Club, is included in the attached supplementary information. Recommendation: Motion to adopt second reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street, approve summary and authorize publication. Attachments: Existing and Proposed Zoning Map Site Plan for Proposed Development Staff Report for Case Nos. 05-16-Z and 05-17-CP, June 20, 2005 Ordinance Amending Zoning Map Designation Summary for publication Prepared by: Adam Fulton, Associate Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 2 ORDINANCE NO. 2294-05 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 7115 WEST LAKE STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05-16-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Northerly 390 feet of Lot 1, Block 1, Sam’s Club Addition from IG - General Industrial to C2 - General Commercial. Section 3. The contents of Planning Case File 05-16-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Adopted by the City Council , 2005 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney res-ord/2005/05-16-Z St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 3 SUMMARY ORDINANCE NO. 2294-05 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE 7115 WEST LAKE STREET This ordinance states that the zoning will be changed from IG – General Industrial to C2 – General Commercial at 7115 West Lake Street. This ordinance shall take effect 15 days after publication. Adopted by the City Council July 5, 2005 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 14, 2005 Res-ord/2005/05-16-Z St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 4 CITY COUNCIL MEETING 062005 – 8a – Sam’s Club 8a. Request of Sam’s Club for a Comprehensive Plan Map amendment from Industrial to Commercial and a Zoning Map amendment from IG – General Industrial to C2 – General Commercial for property located at 7115 W. Lake Street. Case Nos. 05-17-CP and 05-16-Z. Recommended Action: Motion to adopt Resolution amending the Comprehensive Plan to change the land use designation from Industrial to Commercial at 7115 W. Lake Street. Motion to adopt first reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street and to set second reading for July 5, 2005. Current Zoning: IG – General Industrial Comprehensive Plan Designation: Industrial Parcel Size: 4.22 Acres Current Land Use: Parking Proposed Land Use: Retail Other required approvals: CUP Background Sam’s Club (Sam’s Real Estate Business Trust) has applied for a comprehensive plan amendment and a rezoning of the property located at 7115 West Lake Street. In April and May of 2004, a Conditional Use Permit (CUP) for the same Sam’s Club was reviewed and approved by the Planning Commission and City Council. Sam’s Club subsequently chose not to utilize the CUP, and instead altered its plans to demolish the existing store and make changes throughout the entire parcel rather than focusing only on the portion of the parcel zoned C-2. The new plans require amendments to the Comprehensive Plan and the Official Zoning Map. As required by City Code, a public hearing was held at the Planning Commission’s May 18, 2005 meeting regarding the proposed amendments. No residents spoke either in favor of or against the proposal. The Planning Commission, after deliberating, passed a motion to recommend approval of both proposed amendments. One issue of particular concern to the Planning Commission was the changing status of industrial lands within the City. After discussing the issue further, the Planning Commission concluded that the parcel’s ultimate use was more closely tied to commercial uses than to industrial uses, and therefore it was acceptable to amend the parcel’s Comprehensive Plan and zoning designations. Issues: ¤ What is the Comprehensive Plan and zoning history of the properties? ¤ What is the current status of the existing industrial property? ¤ What other uses would be permitted under the proposed rezoning? ¤ How will the proposed Comprehensive Plan & zoning amendments affect neighboring properties? ¤ What issues may arise as part of the forthcoming CUP review? St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 5 What is the Comprehensive Plan and zoning history of the property? The property in question, 7115 West Lake Street, was previously home to Cardinal Glass. Proximity to rail service and Highway 7 made the site a high-quality location for industrial uses. In addition, the site is far from any residential uses which would otherwise be negatively impacted by an industrial use. Under the plan approved for the remodeling of the existing Sam’s Club, the site currently in question would have been used as an off-street parking lot for Sam’s Club along with a gas station. In that scenario, no Comprehensive Plan or zoning amendments were required. What is the current status of the existing industrial property? The former Cardinal Glass building was constructed in 1962. Recently, Sam’s Club purchased the site and demolished the Cardinal Glass building for a proposed parking lot. At the present time, the property remains vacant. The IG General Industrial zoning district is intended to provide locations for large and small scale industrial enterprises, including such uses as manufacturing, processing, assembly, storage and warehousing. As such, the IG district is the least restrictive industrial zoning district. Sam’s Club applied and received approval to replat the existing lots last year at the same time as their application for a CUP. The replatting process created a contiguous lot containing more than one zoning district. The proposed amendment to the zoning map will place the entire property in a single zoning district. As industrial uses within the City are continually changing, staff expects that alternative uses will enter former industrial districts. To proactively address the changing status of industrial lands in the City, staff has begun a study of all remaining industrial properties, including industrial uses located outside of industrial zoning districts. The industrial study will have multiple phases, with the first and current phase being data collection. The first phase will provide a complete inventory of industrial properties in the City, to be used to evaluate the future of industrial uses in the City. How will the proposed Comprehensive Plan & zoning amendments affect neighboring properties? The proposed Comprehensive Plan and zoning amendment will extend an existing commercial district to Louisiana Avenue. To the west of the site is a large industrial area that will not be impacted by the proposed amendments. To the north the site is bordered by Lake Street and Highway 7. To the east of Sam’s Club is the Golden Auto site, currently zoned C2. Polluted soils have hindered development at the Golden Auto site for many years. At this time, staff is hopeful that redevelopment plans for the site will continue to move forward and will result in an office warehouse / manufacturing / showroom complex within the next several years. Real Estate Recycling, a firm specializing in re-use of polluted sites, is currently leading the development proposal. The proposed Comprehensive Plan and zoning amendments are not incompatible with the land uses proposed for the Golden Auto site. Methodist Hospital currently uses portions of that site for the purpose of employee parking. It is expected that shared parking will continue, regardless of future development at the Golden Auto site. To the south of the site is the Southwest Light Rail Corridor, currently home to freight rail transportation and regional pedestrian and bicycle trails. The Southwest Light Rail Transportation Corridor is currently at the “Alternatives Analysis” stage of study where the potential success of light rail must be judged in comparison to other available methods of transportation. Funding for continued St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 6 study of light rail in the Southwest Corridor comes from the Hennepin County Regional Railroad Authority. What other uses would be permitted under the proposed rezoning? C2 General Commercial Zoning District Permitted Permitted with Conditions Conditional Use Permit Medical / dental office Dry cleaning Fuel station Funeral homes Animal handling Vehicle sales Libraries Small engine repair Vehicle service and repair Museums Clubs and lodges – no liquor Restaurants – liquor Banks Food service Clubs and Lodges – liquor Business schools Hotel / Motel Multi-family housing Offices Outdoor sales Elderly housing Retail up to 20,000 sq. ft. Printing facilities Private entertainment – liquor Studios Private entertainment – no liquor Post office Showrooms Restaurants – no liquor Drive through service Parking lot Shopping Centers Retail Stores over 20,000 sq. ft. Transit stations Parking ramps Shopping Centers Pawnshops Sexually Oriented Businesses Educational Facilities Large item retail Multi-family housing Numerous commercial uses would be permitted under the proposed rezoning. However, there are no permitted uses in the C-2 zoning district that generate greater impacts than the proposed Sam’s Club retail store. Retail operations exceeding 20,000 square feet in size require a Conditional Use Permit. The proposed structure is approximately 150,000 square feet, so Sam’s Club plans to apply for a CUP following the proceedings to amend the Comprehensive Plan and zoning map. Under the 2004 redevelopment scheme for Sam’s Club, no amendments to the Comprehensive Plan or zoning map were required. However, the entire site would have remained in commercial use. This results from the fact that parking lots are a permitted use in the I-G General Industrial zoning district. Because the building will be located on the northerly portion of the site, rezoning is required. Retail stores are not permitted in the I-G zoning district. The City ultimately benefits from the changed location of the building because parking will be shielded from Highway 7. The proposed rezoning will eliminate the already remote possibility that the Sam’s Club site will revert to industrial uses. What issues may arise as part of the forthcoming CUP review? Sam’s Club has indicated that it will apply for a Conditional Use Permit following approval of the amendments to the Comprehensive Plan and Zoning Map. Retail stores over 20,000 square feet are allowed by CUP in the C-2 Zoning District. A CUP is required to ensure that no adverse impacts will occur as a result of the retail store. The CUP results in careful examination of site items including impacts on traffic, access, circulation, landscaping and bufferyards. St. Louis Park City Council Meeting Item: 070505 - 4b - 2nd Reading Sams Club Rezoning Page 7 Several site issues were resolved through the previous CUP approval process. Staff anticipates some issues to be analyzed and renewed with the forthcoming CUP application, including available parking during construction, the location of truck docks, the building orientation along Lake Street and Louisiana Avenue, building materials, opportunities for shared parking with Methodist Hospital on the Golden Auto Site, and stormwater considerations, including how the redevelopment of the Sam’s Club site will effect the regional stormwater system. Recommendation: Motion to adopt Resolution amending the Comprehensive Plan to change the land use designation from Industrial to Commercial at 7115 W. Lake Street. Motion to approve first reading of an Ordinance amending the Official Zoning Map changing the zoning designation from IG – General Industrial to C2 – General Commercial at 7115 W. Lake Street and to set second reading for July 5, 2005. Attachments: Location Map Existing and Proposed Comprehensive Plan Map Existing and Proposed Zoning Map Building Elevations for Proposed Sam’s Club (2) Excerpts, Planning Commission Minutes. May 18, 2005. Resolution Amending Comprehensive Plan Designation Proposed Ordinance Amending Zoning Map Designation Prepared by: Adam Fulton, Associate Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting Item: 070505 - 4c - Bid Tab 2005 Sealcoat Page 1 4c. 2005 Street Sealcoat Project: Motion to designate Allied Blacktop Co. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $218,371.10 for the 2005 Street Sealcoat Project, No. 2005-0001 Background: Sealcoating is the surface application of an asphalt material followed by the placement of aggregate (rock) which is embedded into the asphalt material while it is liquid. The purpose of this treatment is to add surface friction to the pavement, facilitating vehicle traction, and to seal the surface from oxidation and the effects of moisture. Sealcoating can extend the life of a pavement, in good condition, by 5-9 years. The City’s Pavement Management Program provides for the sealcoating of each street once every eight (8) years. Area 5 of the Pavement Management Program is scheduled for sealcoating in 2005. Area 5 comprises the streets in the Aquila, Cobblecrest, Minnehaha, Amhurst, and South Oak Hill neighborhoods. These streets were last sealcoated in the 1980’s. A map of the streets to be sealcoated is attached. The streets to be sealcoated are colored in black. Also included in this year’s sealcoat program are two segments of Municipal State Aid (MSA) roads, Louisiana Avenue from Cedar Lake Road to Wayzata Blvd, and Cedar Lake Road from Texas Avenue to Louisiana Avenue. Not all streets in Area 5 will be sealcoated. Based on the city’s computerized pavement management software, and visual inspections by City staff, several streets in the area were determined to be in need of more aggressive maintenance than they have been. Sealcoating these streets at this time would be an inappropriate use of resources. Thus, they have been eliminated from this sealcoat project with the understanding that they are scheduled for higher levels of maintenance or rehabilitation in 2009, as part of the overall Pavement Management Program. Bid Analysis: Bids for the project were received on June 24, 2005. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on June 9 & 16, 2005 and in the Construction Bulletin on June 10 & 17, 2005. A summary of the bid results is as follows: Contractor Bid Amount Allied Blacktop Company $218,371.10 Pearson Brothers, Inc. $219,019.70 Engineer’s Estimate $221,691.50 St. Louis Park City Council Meeting Item: 070505 - 4c - Bid Tab 2005 Sealcoat Page 2 Two (2) contractors submitted bids. A review of the bids indicates Allied Blacktop. submitted the lowest bid. Allied Blacktop is a reputable contractor who has worked for the city before. Staff recommends that a contract be awarded to the firm in the amount of $218,371.10. Financial Considerations: Costs for sealcoating the local streets will be paid from the City’s Pavement Management Fund. The MSA streets will be paid from the Citywide Public Works Operations budget. Project Timing: This work is expected to take place between August 1 and August 31. The entire process on a given street takes approximately 72 hours. Streets will be posted for “No Parking” beginning the day before work is to occur. Residents will receive notice of the impending construction and parking restrictions. Attachment: Maps (supplement) Prepared By: Jim Olson, Engineering Project Manager Reviewed By: Scott Brink, City Engineer Michael P. Rardin, Director of Public Works Approved By: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 4d - 2nd Reading Lamplighter Vacation Page 1 4d. Motion to adopt second reading of an Ordinance vacating right-of-way along a portion of 16th Street West, approve summary, and authorize publication. Background: On June 20, 2005, the Council adopted the first reading of an Ordinance vacating right- of-way along a portion of 16th Street West. The second reading is required by the City Charter prior to going into effect. The vacation of this portion of right-of-way along 16th Street West is required by an easement agreement signed by the City in 2004 to enable the construction of Lamplighter Pond. In addition to the vacation, the City also agreed to replat lands owned by the Park Assembly of God Church. Park Assembly of God Church will be able to make better use of its property upon completion of the replatting process. The City will retain a utility and drainage easement over the vacated portion of land. Recommendation: Motion to adopt second reading of an Ordinance vacating right-of- way along a portion of 16th Street West, approve summary, and authorize publication. Attachments: Location Map Ordinance Vacating Right-of-Way along a portion of 16th Street W Summary for publication Prepared by: Adam Fulton, Associate Planner Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 4d - 2nd Reading Lamplighter Vacation Page 2 ORDINANCE NO. 2295-05 AN ORDINANCE VACATING RIGHT-OF-WAY Portion of 16th Street THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the right-of-way proposed to be vacated has been duly filed. The notice of said petition has been published, in the St. Louis Park Sailor, on June 9, 2005 and the City Council has conducted a public hearing upon said petition and has determined that the right-of-way is not needed for public purposes, and that it is for the best interest of the public that said right-of-way be vacated. Section 2. The following described right-of-way as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of Douglass Avenue, as dedicated in Beebe’s Out Lots, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota, now known as 16th Street West, being a strip of land 33.00 feet in width. Said strip of land is to extend by its full width from the easterly right-of-way line of Texas Avenue South to the west line of the east 600.00 feet of the Southwest Quarter of the Southwest Quarter of Section 5, Township 117, Range 21, Hennepin County, Minnesota. reserving, however, to the City of St. Louis Park any and all easements that may exist in, over, and across the described property for storm sewer, sanitary sewer, water main, and public utility purposes. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section 4. This Ordinance shall take effect fifteen days after its publication. St. Louis Park City Council Meeting Item: 070505 - 4d - 2nd Reading Lamplighter Vacation Page 3 Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Res-ord/2005/05-19-VAC St. Louis Park City Council Meeting Item: 070505 - 4d - 2nd Reading Lamplighter Vacation Page 4 SUMMARY ORDINANCE NO. 2295-05 AN ORDINANCE TO VACATE RIGHT-OF-WAY PORTION OF 16TH STREET This ordinance states that the right-of-way over a portion of 16th Street near Lamplighter Pond has been vacated. This ordinance shall take effect 15 days after publication. Adopted by the City Council on July 5, 2005 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: July 14, 2005 Res-ord/2005/05-19-VAC summary St. Louis Park City Council Meeting Item: 070505 - 4e - 800 MHz Radio Fiber Optic Project Page 1 4e. Motion to adopt a resolution approving plans and specifications and authorizing advertisement for bids for construction and installation of a high- speed fiber optic link to connect the St. Louis Park Public Safety Answering Point (PSAP) to Hennepin County radio communications tower to support 800 MHz radio communications Background: The 800 MHz radio project, previously approved by Council, is well on its way to completion in the fall of this year. Related to this project is construction of a fiber optic network to connect buildings at which City business is conducted, including LOGIS, located in Golden Valley. This project includes replacement of current data communications services procured from Qwest Communications and Time Warner Cable. The project, previously approved by Council, will be completed in July and also incorporates the capability to carry radio transmission. Network Expansion for 800 MHz Radio System: One of the termination points of the St. Louis Park fiber infrastructure is Golden Valley City Hall (which provides a link to LOGIS). Staff anticipated the potential need for 800 MHz radio tower communications and thus incorporated sufficient fiber strands to do so when needed. One component of the 800 MHz radio system is connectivity to the main Hennepin County tower on Highway 169 in Golden Valley. (Besides data and radio, other fiber optic applications in the planning stages include video and voice.) This project contemplates linking a set of primary and backup fiber stands from Golden Valley City Hall to the Highway 169 tower, which will complete the connection to the St. Louis Park PSAP. This provides the most robust and cost-effective solution for such connectivity, surpassing a microwave alternative. The City’s radio consultant supports this assessment. Financial Considerations: This fiber optic link has been contemplated as part of the overall 800 MHz project. Funding for this overall project is from the Police and Fire Pension Funds, per previous Council actions. The estimated cost, based upon the proposed plans, is $90,000. Project Timeline: Should the City Council approve this report, it is anticipated that the following schedule could be met: Plan approval & authorization to advertise for bids July 5, 2005 Advertise for bids July 2005 Bid Tab Report to City Council August 1, 2005 Construction August – October 2005 St. Louis Park City Council Meeting Item: 070505 - 4e - 800 MHz Radio Fiber Optic Project Page 2 Recommendation: It is recommended that the City Council adopt the attached resolution which approves plans and specifications and authorizes advertisement for bids for construction of a fiber optic link to support radio tower communications for the upcoming 800 MHz radio system. Attachment: Resolution-authorizing solicitation of bids Prepared by: Clint Pires, Director of Technology and Support Services Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 4e - 800 MHz Radio Fiber Optic Project Page 3 RESOLUTION NO. 05-090 RESOLUTION APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR 800 MHZ RADIO FIBER OPTIC PROJECT WHEREAS, the City Council of the City of St. Louis Park has received a report from the Director of Technology and Support Services related to construction of a fiber optic link to connect the St. Louis Park Public Safety Answering Point (PSAP) to the Hennepin County radio tower on Highway 169 in Golden Valley via Golden Valley City Hall consistent with the previously approved 800 MHz radio project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The plans and specifications for the making of the improvement, as prepared under the direction of the Director of Technology and Support Services, are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in other commonly accepted publications utilized by fiber optic installation industry an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 3. The bids shall be tabulated by the Director of Technology and Support Services who shall report his tabulation and recommendation to the City Council at the earliest practicable subsequent regular City Council meeting. Attest: Adopted by the City Council July 5 , 2005 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Meeting Item: 070505 - 6a - PH Liquor Barrel License Page 1 6a. Public Hearing to consider an intoxicating off-sale liquor license for Miracle Mile Liquor Barrel, Inc. at 5111 Excelsior Blvd Request of Council to approve an intoxicating off-sale liquor license for a retail store to be located in the Miracle Mile shopping center. Recommended Action: Mayor to close public hearing. Motion to approve the intoxicating off-sale liquor license for Miracle Mile Liquor Barrel, Inc. located at 5111 Excelsior Blvd. Background: The Miracle Mile Liquor Barrel proposes to be located in approximately 4500 square feet of space in the Miracle Mile Shopping Center, a general commercial zoning district. The store will have two co-owners, David Anderly and Peter Rademacher. Both Anderly and Rademacher are experienced liquor store managers and are currently managers of the Liquor Barrel stores in Golden Valley and New Brighton, respectively. The St. Louis Park store hopes to open in August of 2005. Retails Liquor Stores in the City Staff has been asked if council has the authority to restrict proximity or number of retail stores which sell liquor. State statute does not place limitations on number or proximity, but allows local authorities to be more restrictive by ordinance. Our zoning ordinance treats off-sale liquor establishments as a regular retail use. The zoning designation of this location is commercial which is consistent with this allowed use. Characteristics of retail use in the general commercial district are as follows: Retail means a facility where merchandise or equipment is displayed and rented or sold and where delivery of merchandise or equipment to the ultimate consumer is made. This use includes limited production, repair or processing as an accessory use. Hours of operation generally begin after the a.m. peak traffic period and extend to time ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and grocery stores are open 24 hours per day. Characteristics generally include high parking demand and high off-peak traffic generation; generally prefers high visibility and access to major thoroughfares. This use includes but is not limited to camera shops, clothing stores, department stores, grocery stores, discount stores, jewelry stores, delicatessens, retail bakeries, toy stores; but excludes restaurants, bars, pawn shops, motor vehicle sales, motor fuel stations, and large item retail. St. Louis Park City Council Meeting Item: 070505 - 6a - PH Liquor Barrel License Page 2 Retail Liquor Stores are scattered quite evenly across the city, with a greater concentration in the retail district located east of Excelsior Blvd and South of Highway 7. In that area, four off-sale licenses already have been issued and another two are pending. Though all six either already hold or are requesting approval for the same license type, the markets these stores serve is varied. Of the six, three offer only wine or beer (one almost exclusively through internet sales). The other three, Byerly’s Wines and Spirits, Jennings Liquors, and the Liquor Barrel market themselves as more traditional liquor retailers offering all forms of spirits. St. Louis Park Retail Liquor Stores (License Type: Off-Sale Intoxicating) June 2005 Establishment Name Address Retail Area Market Byerly's Wine & Spirits 3785 Park Ctr Blvd East Excelsior Liquor, Wine & Beer Jennings' Liquor Store 4631 Excelsior Blvd East Excelsior Liquor, Wine & Beer Liquor Barrel* 5111 Excelsior Blvd East Excelsior Liquor, Wine & Beer Great Bottle of Wine 3947 Excelsior Blvd East Excelsior Wine Only WineStyles 3840 Grand Way East Excelsior Wine Only Trader Joe’s* 4500 Excelsior Blvd East Excelsior Wine & Beer Knollwood Liquor 7924 State Hwy 7 Knollwood Liquor, Wine & Beer Sam's Club #6318 3745 Louisiana Ave S LAS & Hwy 7 Liquor, Wine & Beer Costco Wholesale #377 5801 W 16th St Park Center Liquor, Wine & Beer Texas-Tonka Liquors 8242 Minnetonka Blvd Texa-Tonka Liquor, Wine & Beer Westwood Liquors 2304 Louisiana Ave S LAS & CLR Liquor, Wine & Beer St. Louis Park Liquors 6316 Minnetonka Blvd Dakota and Mtka Liquor, Wine & Beer *Application Received – Not Yet Approved Response to the Public Hearing Notice Staff has received three calls from the general public about this issue and has encouraged these persons to speak at the public hearing. Comments were received about proximity of competing businesses, and that a liquor store in such a prominent location would detract from the desirability of the neighborhood. Staff was also asked to take special steps to contact neighborhood residents whenever issues arise concerning the Excelsior Blvd area. Police Department Investigation The Police Department has conducted an investigation of the Miracle Mile Liquor Barrel and it’s owners and has found no reason to deny the license based on the investigation. Prepared by: Cindy Reichert, City Clerk Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 8a - Dog Park Ordinance Page 1 8a. First reading of an ordinance allowing off-leash dogs in designated off-leash area. This report considers the adoption of an amended ordinance that authorizes dogs to be off their leash in a designated off-leash area and establishing the permit process Recommended Action: Motion to approve first reading of the amended ordinance allowing off- leash dogs in a designated off-leash area with a permit and to setting second reading for July 18, 2005. Background: In 1999, Council approved an amendment to this ordinance allowing dogs in all parks on a leash. Since a permanent off-leash dog park has been created, the ordinance will need to be amended to allow dogs off their leash in an area designated by staff. A task force was assembled to give recommendations on appropriate off-leash dog park locations. After reviewing the input from previous neighborhood meetings and an April 20th public meeting, the task force finalized its recommendations and submitted them to the City Council on May 23 and June 6. The City Council approved the recommendations of the Task Force at its June 6 meeting. Task force recommendations for a dog park site – 1. Create a permanent off-leash dog park along the southeast edge of Dakota Park. If possible, open the new dog park during the summer of 2005. 2. Keep the current interim site at Bass Lake Preserve open for one year and use this time to explore the possibility of opening a second dog park at 40th and France. (This site is owned by the City of Minneapolis, and would require agreements with the cities of Minneapolis and Edina.) 3. If an agreement can be reached with the cities of Minneapolis and Edina, open a second permanent dog park at 40th and France. 4. If a dog park is can’t be opened at the 40th and France site by the summer of 2006 and development is slated for the Bass Lake Preserve area, open a second dog park at Cedar Knoll Park. The Parks and Recreation Department will begin establishing the dog park this summer. Proposed Ordinance: The attached ordinance, authorizes dogs to be off their leash in the area designated by staff which will be called the Off-Leash Dog Park. The ordinance also corrects wording to distinguish between the terms “allowed” and “permitted” and outlines the permit process . Attachments: Proposed ordinance Prepared by: Stacy M. Voelker, Department Secretary Cindy S. Walsh, Director of Parks and Recreation Approved by: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 8a - Dog Park Ordinance Page 2 ORDINANCE NO. ________ AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE, SECTION 4-81 AND CHAPTER 20, REGULATING THE PRESENCE OF OFF-LEASH DOGS IN A DESIGNATED AREA THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Ordinance Code, Section 4-81, is amended to read: Sec. 4-81. Dogs running at large. (a) No person who owns, harbors or keeps a dog, nor the parents or guardians of any such person under 18 years of age, shall allow the dog to run at large within the corporate limits of the city except in a designated off-leash dog area after obtaining a permit in accordance with section 20-6 of this ordinance. (b) A dog shall be deemed to be running at large if the dog is off the premises of the person who owns, harbors or keeps the dog, and not under the control of that person or a designee, either by leash, cord or chain not more than six feet long. (c) The term "premises," when used in this chapter, means the usual place of residence, including a building, structure or shelter and any land appurtenant thereto, of a person who owns, harbors or keeps a dog, whether domesticated or non-domesticated; or the dog owned, harbored or kept by such a person. SECTION 2. The St. Louis Park Ordinance Code, Section 20-5, is amended to read: Sec. 20-5. Prohibited acts; regulations. (12) Pets. Pets are permitted allowed in all parks as defined in section 20-1, provided that pet owners abide by the provisions listed in this subsection with the following exceptions: a. Exceptions. Pets shall be permitted allowed in playground structure areas, athletic fields, picnic shelters, park buildings or wading pools. Pets are not allowed anywhere in the Westwood Hills Nature Center or the Rec Center. Seeing-Eye dogs, other disability assisting creatures and police dogs are permitted allowed in any area where they are needed. The parks and recreation director shall be authorized to post additional restricted areas that may be determined inappropriate for pets. b. Requirements. 1. The pet is properly licensed. 2. Pets shall be under control at all times. The pet owner is liable for any action taken or damage caused by the pet. St. Louis Park City Council Meeting Item: 070505 - 8a - Dog Park Ordinance Page 3 3. All pets shall be restrained at all times on adequate leashes not longer than six feet Nothing in this subsection shall be construed to permit the running of pets at large. Except that dogs are allowed off leash in a designated off- leash dog park in accordance with section 20-6 of this chapter. 4. Persons in control of pets must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove from the ground all fecal material deposited there by a pet. Persons removing animal waste from park surfaces shall dispose of it in a sanitary manner, which may include depositing it in any designated waste receptacle located in the public parks. c. Signage. The parks and recreation department will place in all public parks to inform park users of the distinction between areas where pets are prohibited and permitted allowed in accordance with subsection (12)a. of this section. SECTION 3. The St. Louis Park Ordinance Code, Chapter 20 is amended to add: Sec. 20-6. Off-leash dog areas; permits and regulations. Some areas of the city may be designated as off-leash areas if deemed suitable for such activity by the director of parks and recreation. (1) Dogs may be unrestrained by chain or leash in areas designated for off-leash activities. No person shall use a designated off-leash area without first having obtained a permit for each dog using such an area from the city. (2) The annual fee for an off-leash area permit shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code. A permit may only be granted upon verification that the dog has been issued a current dog license and a current rabies vaccination certificate. The city shall provide a tag containing a registration number and the year registered for each permit. Permits shall be valid from the date of purchase until December thirty-first following the date of purchase. (3) Upon application for a permit, the applicant shall be provided with the rules for use of off-leash areas. As a condition for the issuance of a permit, the applicant shall sign and agree to abide by these rules. A permit may be revoked for failure of the applicant, or any person who takes the dog into an off-leash recreation area, to abide by these rules, or for violation of any city ordinance. Permits may be revoked by the director of parks and recreation. (4) The person responsible for a dog must have the dog restrained when entering and leaving an off-leash area. If so directed by a law enforcement officer, animal control officer, or authorized parks and recreation employee, persons using an off- St. Louis Park City Council Meeting Item: 070505 - 8a - Dog Park Ordinance Page 4 leash area must immediately restrain their dogs and remove them from the off- leash area. SECTION 4. The fee for a dog park permit as outlined in section 20-6(2) shall be $25 for St. Louis Park Residents and $50 for non-residents. The City Clerk is directed to include the fee in Appendix A of the city code with other fees and charges called for by ordinance. SECTION 5. This ordinance shall become effective 15 days after its passage and publication. Reviewed for Administration: Adopted by the City Council _____________ City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 1 8b. Request by Darrell W. Brown for a Conditional Use Permit to allow more than 800 square feet of accessory building ground floor area. Case Nos. 05-10-CUP 5511 Vermont St. Recommended Action: • Motion to approve a Conditional Use Permit to allow a cumulative ground floor area for accessory buildings not to exceed 1,170 square feet. Site Map: E x c e ls io r B o u le v a rd State Highway # 100Vermont StYosemite AvenueMinne h a ha CreekCity of Edina SITE Request: On May 16, 2005, the City Council denied the application for a variance thereby limiting the accessory building area square footage to that of the home (approximately 1,172 square feet), and tabled consideration of the CUP application for more than 800 square feet of accessory buildings. The CUP was tabled to give the applicant time to submit revised plans showing a cumulative ground floor area that does not exceed the ground floor area of the house. Revised plans have now been resubmitted. The CUP application must be acted on by July 19th. That leaves the July 5th and 18th meetings for consideration of this application. St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 2 Proposal: The applicant proposes to demolish the existing detached garage and build two detached garages. One would be 22 feet by 24 feet, and constructed on a floating slab, the other would be 29 feet by 22 feet, and would have a lower level of the same dimensions. The combined ground floor area of the two buildings would be 1,166 square feet. Both proposed buildings meet the required side and rear yard requirements. The requirements are a two foot side and rear yard for the smaller garage and a nine foot side yard and twenty-five foot rear yard for the larger building. Enclosed for your review are elevations of the proposed garages, a site survey, an aerial photo of the subject property and immediate neighboring properties and the applicant’s comments relevant to the CUP application. Please note that from the north, east and south elevations, both garages will appear to be a one story garage. From the west elevation, however, the southern garage has a lower level. This side has a grade change to get to the lower level. It is an 8 foot grade change, and is made possible with the use of retaining walls on each side of the driveway. (See attached survey) Background: The city zoning ordinance allows up to 800 square feet for accessory buildings, and more than 800 square feet of accessory building with a conditional use permit (CUP). In addition to this provision, the zoning ordinance requires that the cumulative ground floor area of all accessory buildings shall be smaller than the ground floor area of the principal building on the lot. On March 21, 2005, Mr. Brown made application for a CUP to construct a 2,544 square foot garage. The same application also included a variance request to allow the detached garage to be larger in ground floor area than the existing home. The Planning Commission held a public hearing on April 20th and recommended denial of the variance and approval of the CUP subject to conditions. Existing Conditions: The existing house and one car detached garage were constructed in 1941. The home on the property has a ground floor area of 1,173 square feet. The existing detached garage is approximately 870 square feet and would be removed if the request is approved. There is a shed in the back corner of the property that is 196 square feet in size. The applicant’s property is bound on all sides by single family homes in the R-1 Zoning District. The property to the west is similar in size and dimensions as the applicant’s. The property to the east consists of two single family lots one 7,600 square feet in size, the other 12,000 square feet. The property to the south is a 30,000 square foot lot with the home constructed near the rear lot line so their front yard is adjacent to the back yard of the applicant’s property (See aerial photo). None of the adjacent properties has a garage over 800 square feet (the maximum allowed without a conditional use permit). St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 3 Zoning: R-1, Single Family Comprehensive Plan Designation: Low Density Residential R-1 DISTRICT STANDARDS COMPARISON STANDARDS MINIMUM REQUIREMENTS PROPOSED/EXISTING DIMENSION Minimum lot size: 9,000 s. f. 26,800 s. f. Minimum lot width: 75 ft 100 ft Minimum usable area to be located in rear yard: 600 s. f. 18,710 s. f. Minimum rear yard (house) 25 ft 187.1 ft Minimum front yard (house) 30 ft 46.1 ft Minimum side yard (house) 9 & 6 ft 35.3 & 21.2 ft Minimum rear yard (garage) 25 ft 61 ft (proposed) Minimum side yard (garage) 13 ft 5 & 29 ft (proposed) Issues: • What will be the effect of the proposed use on the health, safety and welfare of occupants of surrounding lands? • What will be the effect on existing and anticipated traffic conditions, including parking facilities on adjacent streets? • What will be the effect on property values in surrounding the area? • How does a two level garage affect the ground floor area limits? Issues Analysis: The applicant states that the garage would hold 2 pick up trucks, 2 cars and a boat or trailer. He also states that a portion of the building will consist of a wood working and hobby shop. What will be the effect of the proposed use on the health, safety and welfare of occupants of surrounding lands? The applicant states that there is no effect on health, safety and the welfare on occupants of surrounding lands. By stating a maximum accessory building size of 800 square feet, it is the intent of the code to allow for a garage that can accommodate up to 3 vehicles which is typical for a single family home in most suburban communities. Most properties in St. Louis Park, however, have either a 1 or 2 car garage because the smaller lot sizes make it difficult to impossible to construct a 3 car garage. It is also the intent of the zoning ordinance to prohibit home occupations, and even hobbies that resemble home occupations and commercial uses by placing size limitations on accessory buildings. By limiting the size of the accessory building to 800 square feet, the property owner is St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 4 limited to a garage with an amount of storage and hobby area appropriate to a single family neighborhood. Staff believes that 1,804 square feet of accessory buildings that can house up to 5 vehicles and a 638 square foot woodshop/hobby space indicates that that will be more activity and noise generated than is typical for a single family home in St. Louis Park. Staff also believes that the size of the building will be a significant factor in the future sale of the property, meaning that whoever purchases the property might wish to use the building for a home occupation or shop activities more intense than typical for a single family neighborhood. Staff therefore believes that the proposed building will have an adverse impact on the safety, health and welfare of the occupants of the surrounding land. What will be the effect on existing and anticipated traffic conditions, including parking facilities on adjacent streets? The applicant states that the request will allow more parking area for others because he will no longer need the street for parking. The zoning ordinance allows up to 3 vehicles that can be parked outside a building for a single family dwelling. If there are 3 or more persons with a valid driver’s license showing they live at that address, then the amount of vehicles that can be stored outside is increased by 1 additional vehicle per person up to a maximum of 5 vehicles. If this project were approved, then the applicant would be able to keep up to 12 vehicles at the site, 7 inside the building, and 5 outside the building. The city code allows parking on residential streets provided the vehicle is moved within 36 hours. The property currently has a driveway that is 19 feet wide and 82 feet long, which can accommodate more than the maximum allowed 5 vehicles. The driveway can even be expanded to accommodate more parking area to alleviate the need to shuffle cars around. Staff believes that a building that would allow up to 12 vehicles to be parked at a single family property is not typical for St. Louis Park, and will result in a level of activity also not typical for a single family home and considered to be a nuisance to adjoining properties. What will be the effect on property values in surrounding the area? The applicant states that the request will not negatively affect other property values in the surrounding area if it affects them at all. As stated above in the issues analysis, staff believes the activity and noise generated from 1,804 square feet of accessory building that can house up to 5 vehicles and a 638 square foot woodshop/hobby space will create nuisance levels and have an adverse effect on adjoining properties. St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 5 How does a two level garage affect the ground floor area limits? The ground floor area is defined in the zoning ordinance as the lot area covered by a building measured from the exterior faces of exterior walls. It is not a cumulative measurement of all the floor areas within the building. Staff believes that this definition does not include the second story of garages, or in this case, a lower level, and historically, the city has not included the second story of a 1.5 story garage in the ground floor area calculation. Therefore, staff considers this proposal to have 1,166 square feet of ground floor area, and 1,804 square feet of floor area. Staff & Planning Commission Recommendation: Based on the analysis provided above, staff recommended denial of the CUP. After reviewing the staff findings and recommendation, the Planning Commission recommended the Council approve a CUP to allow a cumulative ground floor area for all accessory buildings to exceed 800 square feet. If the Council moves to approve the CUP application, staff recommends the addition of a specific limit to the ground floor area for accessory buildings. This would require the property owner to come before the Council for any additional accessory building square footage. Staff recommends the maximum be set at 1,170 square feet, which is 3 square feet less than the existing house. The attached resolution reflects this recommendation. Attachments: • Resolution to approve the Conditional Use Permit. • Existing conditions aerial photo. • Proposed Site Plan. • Proposed Elevations. • Application with comments from applicant. Prepared by: Gary Morrison, Assistant Zoning Administrator 952-924-2592 gmorrison@stlouispark.org Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Approved: Nancy Gohman, Deputy City Manager St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 6 RESOLUTION NO. 05-089 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36-162 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT AN ACCESSORY BULDING LARGER THAN 800 SQUARE FEET FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 5511 VERMONT AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Darrell W. Brown has made application to the City Council for a Conditional Use Permit under Section 36-162 of the St. Louis Park Ordinance Code for the purpose of permitting an accessory building larger than 800 square feet within a R-1 Single Family Residential District located at 5511 Vermont Avenue South for the legal description as follows, to-wit: North 268 feet of Lot 2, Block 3, Brookside Addition 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05-10-CUP) and the effect of the proposed accessory building larger than 800 square feet 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 accessory building larger than 800 square feet 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 accessory building larger than 800 square feet is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 05-10-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 allow the construction of accessory buildings in excess of 800 square feet cumulative ground floor area based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A such documents incorporated by reference herein. St. Louis Park City Council Meeting Item: 070505 - 8b - CUP Brown Garage Page 7 2. The total cumulative ground floor area shall not exceed 1,170 square feet. 3. The 195 square foot shed located in the southwest corner of the property shall be removed. 4. The accessory buildings shall not be used in any way as part of a home occupation. 5. The accessory buildings conform to all zoning ordinance provisions. 6. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 7. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 8. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 9. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council July 5, 2005 City Manager Mayor Attest: City Clerk res-ord/2005/05-10-CUP St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 1 8c. Zoning Ordinance Amendment to remove Cluster Housing from the R-1, R-2 and R-3 zoning districts as a conditional use, while allowing existing cluster housing developments to continue as a conforming use. Case Nos. 05-23-ZA Recommended Action: Motion to approve first reading of Zoning Ordinance amendment, and set second reading for July 18th. Description of Proposal It is proposed to remove the Cluster Housing provision from the R-1, R-2 and R-3 zoning districts into the future, while allowing the existing Cluster Housing developments to remain as conforming uses in the Zoning Ordinance. Background On April 25, 2005, the City Council discussed zoning changes at a study session and directed staff to change the zoning ordinance to not allow future Cluster Housing in R-1, R-2 or R-3 zoning districts, while keeping the existing developments in a conforming status. Cluster Housing is now permitted by Conditional Use Permit in the R-1, R-2, R-3, and R-4 zoning districts, and is a permitted use in the RC zoning district. It is proposed that Cluster Housing would remain as a conditional use in the R-4 district and a permitted use in the RC district. Attached are maps showing the location of existing cluster housing developments in the City. Proposed Ordinance Language In order to keep the existing units conforming (legally permitted) and not allow any future development in the R-1, R-2 and R-3 districts, we are recommending the following language additions shown below: Section 36-163. R-1 single-family residence district; Section 36-164. R-2 single-family residence district; Section 36-165. R-3 two-family residence district: (d) Uses permitted by conditional use permit. Cluster housing developments in existence on August XX, 2005 [bolded and underlined is new language]. The date will be included to show the date the ordinance officially takes effect. St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 2 What is Cluster Housing? Cluster housing is described in the City’s Zoning Ordinance as: “dwelling units attached in a single structure, each having a separate private outdoor entrance. Dwelling units may be located on individual lots or on a lot in common. Density shall not exceed that of the applicable zoning district. Characteristics may include a larger building mass and scale and larger concentrations of paved surfaces than single-family detached dwellings.” Cluster housing includes townhouses and has also been applied for “detached” townhomes; detached townhomes are single family homes on smaller lots than required by the Zoning Ordinance. Attached is a drawing that further illustrates Cluster Housing concepts. For approval, the Ordinance requires that a “superior” development would result by clustering. The intent is that a subdivision could be designed and built in an arrangement designed with respect to the land, and natural features or amenities would be preserved. “Superior” development is determined by the following criteria in the City’s Ordinance: “1. The presence and preservation of topographic features, woods and trees, waterbodies and streams, and other physical and ecological conditions. 2. Suitable provisions for permanently retaining and maintaining the amenities and open space. 3. Building location, building groupings, landscaping, views to and from the units, building forms and materials, recognition of existing development and public facilities, and city goals and policies including the comprehensive plan as well as specific plans for the area.” In Cluster Housing, density cannot exceed that of the applicable zoning district. Typically a developer would have to lay out single family lots according to the zoning district, with respect to wetlands and steep slopes to determine the allowable density/ Where is Cluster Housing? The attached maps show where cluster housing is located in the city by zoning district. The number of units by zoning district is as follows: R-1 R-2 R-3 Total R-1, R-2 and R-3 33 units 10 units 481 units 524 units In addition there are 185 units in the R-4 zoning district and 18 units in the R-C zoning district. St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 3 Planning Commission Recommendation On June 1, 2005, the Planning Commission held a public hearing on the proposed ordinance changes, and recommended a change to continue to allow detached townhomes or single family cluster developments (#2 in drawing), without allowing townhome style cluster developments. This would likely occur in the case of a newly developing area where preserving existing natural features (hills, water, woods) would be highly desirable for the city. To adopt the Planning Commission recommendation, a new land use description single family cluster housing would be needed, as well as the addition of “single family cluster housing” into the R-1, R-2 and R-3 zoning districts. Recommendation Staff recommends the approval of the Zoning Ordinance Amendment to remove Cluster Housing from the R-1, R-2 and R-3 zoning districts as a conditional use, while allowing existing cluster housing developments to continue as a conforming use. If, alternatively, the City Council chooses to adopt the Planning Commission’s recommendation, the recommended action is to direct staff to prepare the appropriate language in ordinance form for the next regular City Council meeting. Attachments: Ø Ordinance Ø Planning Commission Minutes (unapproved) Ø Maps showing existing Cluster Housing locations Ø Illustrative drawing Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed By: Kevin Locke, Community Development Director Approved By: Nancy Gohman, Deputy City Manger St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 4 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-163, 36-164, 36-165 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 05-23-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 36-163, 36-164, 36-165 are hereby amended by adding the following underlined language: Section 36-163. R-1 single-family residence district. (d) Uses permitted by conditional use permit. (1) Cluster housing developments in existence on August XX, 2005. Section 36-164. R-2 single-family residence district. (d) Uses permitted by conditional use permit. (1) Cluster housing developments in existence on August XX, 2005. Section 36-165. R-3 two-family residence district. (d) Uses permitted by conditional use permit. (1) Cluster housing developments in existence on August XX, 2005. Sec. 3. The contents of Planning Case File 05-23-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 00-12-ZA/N/res/ord St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 5 Excerpts - Unofficial Minutes Planning Commission June 15, 2005 3. Hearings B. Zoning text amendment to remove cluster housing as a conditional use and allowing existing cluster housing to continue as a conforming use. Applicant: City of St. Louis Park Case No.: 05-23-ZA Ms. McMonigal presented the staff report. Commissioner Kramer asked about the proposed amendment and the City Council’s concern regarding potential wholesale changes to existing single family neighborhoods related to townhome developments. He asked if this was the only reason for the amendment. He asked if such a change would be a bad thing. Ms. McMonigal responded that there was the potential if it changed the character of an existing single family neighborhood it could be a bad thing. Commissioner Kramer said that in any existing single family neighborhood an unattractive house could be built at any time and that could also change the character of a neighborhood. He asked if there was some experience that had made the City Council consider this amendment. Ms. McMonigal responded not to her knowledge. Commissioner Johnston-Madison stated that perhaps the Council was being proactive on this issue. Commissioner Robertson asked about the difference between a cluster house and a townhouse. Ms. McMonigal responded that townhouses are a form of cluster housing. In the Zoning Ordinance townhouses are only defined under cluster housing. Commissioner Robertson said that the proposed amendment would do away with the scenario depicted in the illustrative drawing provided in the report “Scheme 2 – Single Family Cluster.” Commissioner Robertson said why not redefine cluster housing to not include townhomes because he feels “Scheme 2” is a very important planning tool. He went on to say that as the City is looking at the possibility of selling some larger odd- shaped parcels of land. Someone wishing to buy those parcels of land might be looking at a cluster house-type arrangement for some larger family detached homes but the only way to maximize it would be to do Scheme 2. He said it would be a mistake to remove St. Louis Park City Council Meeting Item: 070505 - 8c - Zoning Ordinance Amendment for Cluster Housing Page 6 that possibility. He said if the goal is to get away from the possibility of someone building townhomes in single family residential neighborhoods, why not define cluster homes and townhomes separately. Ms. McMonigal said the definitions could be separated. Commissioner Robertson said that would be his preference. Commissioner Morris said he agreed. He said he had always considered cluster homes to be a design element that functions better than the rectangular platted lots. It allows same size houses, some on smaller lots and some on larger, and it allows the cluster site to have more natural amenities. Developments can be clustered and still have the same density housing as a traditional development, just reconfigured. Commissioner Morris agreed to keeping it as an R-1 and R-2 but eliminating townhome condo development in cluster zoned areas. Commissioner Kramer said he thought the Commission was guessing as to what the City Council is trying to accomplish regarding this amendment. He said he didn’t want to suggest that the wording be changed. Commissioners suggested holding a joint study session on housing. Chair Carper opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. Commissioner Robertson made a motion to recommend not removing Cluster Housing from the R-1, R-2 and R-3 zoning districts as a conditional use, and to change the definition of cluster housing to exclude townhomes and excluding townhomes from those residential zones. Commissioner Morris seconded the motion. The motion passed on a vote of 4-1-1, (Kramer opposed, Carper abstained).