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Home My WebLink About2004/05/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 3, 2004 7:30 p.m. 6:15 p.m. – MWCD Interviews, Westwood Room 7:15 p.m. – Economic Development Authority 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations 3. Approval of Minutes a. City Council Minutes of April 19, 2004 Document b. City Council Minutes of April 12, 2004 Document c. City Council Study Session Minutes of April 12, 2004 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 6a. Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement. Document Case Nos 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended • Motion to adopt a resolution approving the preliminary and final Action: plat for Biltmore Addition subject to conditions as recommended by staff. • Mayor to close the public hearing. Motion to approve First Reading of the proposed ordinance vacating the utility easement at 2545 Huntington Ave S and set Second Reading for May 17, 2004. 6b. Public hearing to consider request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park Document Qwest Corporation is requesting a 10-foot by 4.3-foot easement along the northern boundary of Bronx Park along West 29th Street. Case No. 04-21-RE Recommended Action: Mayor to close public hearing. Motion to approve second reading of ordinance granting a utility easement within a portion of Bronx Park, approve summary publication and authorize publication. 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Public Safety Dispatch Union Contract 1/1/04 – 12/31/05 Document A 2-year agreement with Dispatch settling the City and Union for 2004 & 05. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) #220, establishing terms and conditions of employment for two years: 1/1/04 – 12/31/05. 8b. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to allowing City staff to approve temporary signs in the public right-of-way, to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District. Document Case Nos. 04-06-ZA Recommended Action: Alternative #1: Motion to approve 1st reading of the ordinance amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission without the provision for allowing non-commercial speech on signs, and set second reading for the May 17th City Council meeting. Alternative #2: Motion to approve 1st reading of the ordinance amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission with the exception that the provision allowing non-commercial speech be included in the ordinance as recommended by the City Attorney, and set second reading for the May 17th City Council meeting. 8c. Request by Mark Carlson for a Conditional Use Permit to allow windows in the second story of a detached garage and to allow the upper story of the detached garage to be finished and used as a hobby room together with three variances to allow the detached garage to be placed in the front yard, a nine foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house. Document Case Nos. 04-09-CUP and 04-10-VAR 4332 Brookside Ave. Recommended Action: Motion to adopt Resolution No. 04-10-VAR to approve the variances to allow the detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house all based on the findings set forth below and subject to the conditions recommended by staff, and Motion to adopt Resolution No. 04-09-CUP to approve a conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space. 8d. First Reading of Proposed Ordinance to Restrict the Feeding of Canadian Geese Document Recommended Action: Motion to approve first reading of proposed ordinance restricting the feeding of Canadian Geese in the City, and set the second reading for May 17, 2004. 9. Communications 10. Adjournment Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department) at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. ST. LOUIS PARK CITY COUNCIL MEETING OF MAY 3, 2004 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to appoint City Councilmember Sally Velick to the City of St. Louis Park and City of Golden Valley Travel Demand Management District Joint Task Force Document 4b Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District regarding the sweeping of Louisiana Avenue from Lake Street to Walker St. in the Spring and Fall of each year. Document 4c Motion to accept for filing the Planning Commission Minutes of April 7, 2004 Document 4d Motion to accept for filing the Park and Recreation Advisory Commission Minutes of March 23, 2004 Document 4e Motion to accept for filing the BOZA Minutes of December 2, 2004 Document 4f Motion to accept for filing the Human Rights Commission Minutes of February 18, 2004 Document 4g Motion to accept for filing the Human Rights Commission Minutes of March 17, 2004 Document 4h Motion to accept Vendor Claims for filing (Supplement) 4i Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Talmud Torah Tax Increment Financing District within Redevelopment Project No. 1 (A Housing District). Document AGENDA SUPPLEMENT CITY COUNCIL MEETING May 3, 2004 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Meeting 050304 - 3a - Council Minutes of 4-19-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 19, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30pm. Council members present: John Basill, Phil Finkelstein, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Planning/Zoning Supervisor (Ms. Jeremiah), Director of Finance (Ms. McGann), City Engineer (Ms. Hagen), Associate Planner (Ms. Grove), City Engineer (Mr. Olson); and Recording Secretary (Ms. Teagarden). 2. Presentations The Mayor presented Janet Jeremiah, Planning/Zoning Supervisor, with a Certificate of Appreciation plaque from the City of St. Louis Park for her years of service to the city. She is leaving to take a job in Eden Prairie. The City Manager also celebrated her tenure of service. 3. Approval of Minutes a. City Council Study Session Minutes of March 29, 2004 Councilmember Santa: Page 1, Item 1, 2nd paragraph add Councilmember Santa will serve as the elected official. Mayor Jacobs noted others interested in being on the Minnehaha Creek Watershed Corridor Study Group should contact City Clerk Cindy Reichert. Councilmember Basill: Page 4, last paragraph, are not being left out, should read are being left out. 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. (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). St. Louis Park City Council Meeting 050304 - 3a - Council Minutes of 4-19-04 Page 2 4a Motion to notify the League of Minnesota Cities Insurance Trust (LMCIT) that the City Council does not waive the municipal tort liability limits for the annual insurance renewal 4b Motion to accept for filing the Planning Commission Minutes of March 17, 2004 4c Motion to accept for filing the Housing Authority Minutes of February 11, 2004 4d Motion to accept for filing the Housing Authority Minutes of March 19, 2004 4e Motion to accept for the Parks & Recreation Advisory Commission Minutes of February 18, 2004 4f Motion to accept Vendor Claims for filing (Supplement) Motion by Councilmember Velick, second by Councilmember Sanger to approve Agenda and Consent Calendar as presented. Motion passed 6-0. 5. Boards and Commissions A motion by Councilmember Finkelstein, seconded by Councilmember Sanger appoint commissioners as follows: Community Education Advisory Council (CEAC): Kristin Piper Police Advisory Commission: Evy Engrav-Lano; Brenda Hunter; Shayne Karasov Motion passed 6-0. The Mayor thanked everyone who interviewed for these commissions, saying that St. Louis Park is remarkable for the number of people interested in serving by offering their time and expertise to make this a better place to live. 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Groves Private Activity Revenue Bond Refunding Resolution No. 04-053 Groves Academy is requesting approval to refund outstanding Private Activity Revenue Bonds originally issued in 2001. Ms. McGann discussed that in 2001 the City of St Louis Park issued the bonds in the amount of $5.4 million on behalf of Groves Academy. The City is not liable or responsible for repayment of any associated bond debt. A public hearing is not required for a refunding issue. John Utley from Kennedy & Graven and representatives from Groves Academy were present at the meeting. St. Louis Park City Council Meeting 050304 - 3a - Council Minutes of 4-19-04 Page 3 Motion by Councilmember Sanger, second by Councilmember Basill to approve Resolution No. 04-053 authorizing the issuance, sale, and delivery of its Education Facility Revenue Notes (Groves Academy Project), series 2004. Motion passed 6-0. 8b. Request by General Growth Properties, Inc. for a Major Amendment to their Planned Unit Development to eliminate the previous theater approvals, and approve modifications to the interior floor plan and exterior enhancements to the existing building to accommodate a new fitness center and a relocated/expanded TJ Maxx at Knollwood Mall, 8332 Highway 7 (Knollwood Mall), Case No. 04-07-PUD. Resolution No. 04-054 Ms. Grove presented a staff report. Councilmember Santa sought clarification regarding the south side of mall, and noted there are very few changes to the parking lot redesign, although new businesses are going into mall. The theater project had required walls on 36th Street, which are no longer part of the design. She admits it is a very challenging buffer yard. It appears that upgrades on the north side façade will be incremental, as new businesses come in. She also wondered about the hours of the fitness center, since the entrance abuts the neighborhood. Alan Young, General Manger of Knollwood Mall, 7580 Walnut Curve, Chanhassen spoke on the proposed hours for the fitness center as 7am to 10pm. It will not be a 24- hour facility, including weekends. Councilmember Finkelstein remarked hours change as business changes. Mr. Young said the language of the lease is being negotiated, and the accommodations of property. Businesses on the property are open past 10pm, such as Appleby’s, and he cited common business practice and the lease. Councilmember Finkelstein was concerned about the fitness center facing the neighborhood center. The Mayor wondered if there was something in the PUD that could limit the hours. Ms. Grove suggested a revision to the resolution. Councilmember Velick wondered if construction would affect surrounding business. Mr Young responded there would be very little impact, as the vast majority will happen inside the property, except the entrance work. Councilmember Sanger mentioned she was glad to hear about the improvements. Her concern is about nonconformities coming into compliance as soon as possible. It appears those at Knollwood are not brought into greater compliance, but allowed to remain the same. She is concerned about the parking lot, the way it is laid out, wondering why the compliance changes are not occurring now. Ms. Grove responded that the ordinance does allow for conditions to be brought into greater compliance rather than complete compliance. When future enhancements or changes to the parking lot occur, it will require that the storm water conditions be brought into compliance. Gen’l Growth is working with the city on that issue, as well. Those are some of the conditions added to the resolution. Councilmember Santa said she has heard nothing but positive comments from the neighborhood regarding this project. St. Louis Park City Council Meeting 050304 - 3a - Council Minutes of 4-19-04 Page 4 Motion by Councilmember Santa seconded by Councilmember Velick to adopt Resolution No. 04-054 approving the PUD major amendment subject to conditions as stated in the resolution. Motion passed 6-0 Councilmember Finkelstein commented on the health club hours, and Councilmember Santa said they could be left as flexible. At a request for names of other new tenants, Mr. Young mentioned TJ Max will be relocated as TJ Max and More, a company called Beauty First, Caribou Coffee, and a restaurant called Asia Fresh. 8c. City Engineer’s Report: Alley Paving – 7600 & 7700 blocks of Edgebrook Drive between Pennsylvania and Rhode Island Avenues. Resolution No. 04-055 Mr. Olson commented on the petition from the residents on this block, and with 78% of the property owner’s approval, the request was made to pave the gravel alley with concrete. The alley abuts Edgebrook Park, one of the parcels owned by the City, that has 60% of the frontage of the alley. It will be specially assessed, generally 100% to improved costs to benefiting properties. With that there is direct benefit (100% against access property in footage, and those properties are the ones that have access to the alley) and indirect benefit (30% of footage cost based on the fact property will see less dirt, gravel). Staff met with the neighborhood, and after the presentation to 16 people (4 impacted by project), discussed how project carried out. The residents in adjacent block expressed interest in getting their alley paved, and are seeking interest from their neighbors. Estimated cost for project is $38,600 to include cost of construction and 12% for City’s engineering and administration. Funding will be through special assessments, since the City has 60% of frontage footage, we will pay approximately $23,000. Construction will begin this summer upon approval of the resolution and acceptance of engineer’s report. Alley will be constructed with concrete, 6” thick, 10” in width. Upon approval, City would propose a public hearing and assessment hearing for around June 7, 2004, proceeding with construction in August. Motion by Councilmember Santa, seconded by Councilmember Sanger, to adopt the Resolution No. 04-055 that accepts the report, establishes the Improvement Project, and sets a Public Hearing and Assessment Hearing date of June 7, 2004 – Project No. 03-15. Motion passed 6-0. 9. Communications The Mayor reminded everyone of the Youth Summit on April 29, 2004 - 5:30 p.m. held at Jewish Community Center on Cedar Lake Road. The Summit will provide opportunity for any St. Louis Park City Council Meeting 050304 - 3a - Council Minutes of 4-19-04 Page 5 young person 4th through 12th grade to come and talk about issues of interest to them. A committee of both adults and children have met to pick the topics and train facilitators. The kids run the show; the kids talk and the adults don’t. The Mayor said is a fascinating event, and what the kids have to say in this community is truly remarkable, as well as their ideas and ability to articulate. This is the 4th annual Summit in St. Louis Park, very collaborative event with all the schools. Councilmember Finkelstein remarked on the great spaghetti dinner at the Lennox Center on Friday night, with good attendance. The Mayor spoke of Caring Youth Awards last week always a moving event, to hear the kids’ stories and their community spirit, the effort they put into making this a better place, which should be rebroadcast. 10. Adjournment Mayor adjourned the meeting at 8:15pm. _________________________________ _____________________________________ City Clerk Mayor St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST LOUIS PARK, MINNESOTA April 12, 2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jacobs. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott); Public Works Director (Mr. Rardin); City Engineer (Ms. Hagen); Engineering Project Manager (Mr. Olson); City Planner (Ms. Erickson); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Teagarden) 2. Presentations 2a. Caring Youth Award Mayor Jacobs announced that the Caring Youth Awards dinner was to be held at the Doubletree Park Place Hotel on April 15th. These awards are given to young people in our community who go above and beyond all expectations. 3. Approval of Minutes 3a. City Council Minutes of March 15, 2004 From Councilmember Sanger: Page 5, 2nd Paragraph under item 8d add additional sentence, we agreed that this would be clarified by second reading. From Councilmember Velick: Page 6, 1st Sentence change, Ms. Morrison to Mr. Morrison. The minutes were approved as corrected. 3b. City Council Study Session Minutes of March 15, 2004 From Councilmember Omodt: Page 3, 5th Paragraph about the Parktacular Celebration change, no religious preference given by the city. From Councilmember Sanger: or religious purposes used at City facilities. From Councilmember Santa: Page 5, First Paragraph under communications, 3rd Line, change to she did not oppose, not appose. Councilmember Basill: Page 3, 4th Paragraph, 3rd Line, change to signs posted near France Avenue for the rerouting of traffic. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 2 The minutes were approved as corrected. 3c. City Council Special Minutes of March 22, 2004 The minutes were approved as submitted. 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 maybe moved to an appropriate section of the regular agenda for discussion. 4a Motion to adopt Resolution No. 04-049 authorizing Adoption of Hennepin County Hazard Mitigation Plan. 4b Motion to adopt Ordinance No. 2267-04 Code amendments to various sections of Chapter 36 related to zoning to eliminate definition for “usable open space”, add definitions for “open lot area” and “designed outdoor recreation area” and to standardize the application of these definitions including allowable reductions via the PUD process throughout the zoning districts; to approve summary publication and authorize its publication. 4c Motion to adopt Ordinance No. 2268-04 amending St. Louis Park Ordinance Code (Zoning) relating to allow catering as an accessory use to certain uses in the Office District; approve summary ordinance and authorize publication. Case Nos. 04-02-ZA. 4d Motion to adopt Resolution No. 04- 050 approving the Final 2004 Equipment Replacement List. 4e Motion to adopt Resolution No. 04-051 authorization to enter into a lease agreement between the City and VoiceStream Minneapolis, Inc. (VoiceStream) for space on the water tower at 2541 Nevada Avenue for communications antenna for an initial lease term of five (5) years with option for four (4) additional five (5) year renewal terms. 4f Motion to approve a contract with Barr Engineering for Professional Engineering Services related to the 2004 Flood Improvement Projects 4g Motion to adopt Resolution No. 04-052 authorizing the City of St. Louis Park to execute an agreement with the Minnehaha Creek Watershed District for the use of the Minnehaha Creek Management Model 4h Motion to accept for filing the Planning Commission Minutes of March 3, 2004 4i Motion to approve the First Amendment to the Planning Development Contract by and between the City of St. Louis Park and MSP SLP Apartments, LLC dated. 4j Motion to Extend the Time Warner Cable Renewal Proceeding to November 1, 2004 4k Motion to Receive the Telecommunications Advisory Commission 2003 Annual Report for Filing. 4l Motion to accept vendor claims for filing. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 3 Motion by Councilmember Velick, seconded by Councilmember Santa, to approve the agenda and the items listed on the consent calendar. The motion passed 7-0. 5. Boards and Commissions Motion by Councilmember Finkelstein, seconded by Councilmember Omodt to appoint Steve Hallfin to the Parks and Recreation Commission. The motion passed 7-0. 6. Public Hearings – None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions 8a. Resolution confirming the appointment of Kevin Locke to the position of Director of Community Development. Resolution No. 04-045 City Manager Harmening announced the appointment of Kevin Locke to the position of the Director of Community Development. He has been the Director of Community Development for the City of New Brighton for 18 years, a city that shares many similarities with St. Louis Park. Motion by Council member Sanger, seconded by Councilmember Santa to adopt Resolution No 04-045 confirming the appointment of Kevin Locke to the position of Director of Community Development effective May 3, 2004. The motion passed 7-0. 8b. City Engineer’s Report: 2004 Sidewalk Improvement Project, City Project No. 04-02 and Traffic Study No. 588. Resolution No. 04-046 Ms. Hagen gave a brief overview of sidewalk project in southeastern portion of town. She produced a map with the five segments of sidewalk. Neighborhood meetings were attended by property owners. Many 41st Street residents were opposed and concerned about the need for change and the loss of parking. If approved, the project is expected to be brought for award of contract at May 17, 2004 meeting. Construction would occur from mid-June through August of this year. Ron Berry, 4100 Salem Ave South, addressed the Council. He spoke to the lack of need for project, observing fewer children and people using the footbridge currently. He noted there is no parking in front of his house due to fire hydrant, stop signs, and driveway/alleyway entrances. He has concerns about future plowing of sidewalks by City. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 4 Gloria Hiner, 4050 Wooddale, noted no parking in front, side or back of house due to narrow driveway. She discussed knowledge of opposition to this issue for years, including a petition signed by 130 residents two years ago. Having lived there since 1941, she recognized changes should have been 40 years ago. She requests not going forward. Steve Hallfin, 5250 West 41st St., discussed the use of 41st Street as a thoroughfare for cars moving from Wooddale to Utica. With no parking and no stop signs, the traffic and speed is a neighborhood issue. The original plan for this street did not include a sidewalk, and retrofitting creates an inconvenience for parking and the neighborhood. He has concerns about the footbridge in disrepair, and future snow plowing by City. Councilmember Basill stated the area is more unique when seen in person than a map conveys. Councilmember Velick cited that sidewalks increased safety for children and asked if this is why sidewalks may be needed at this location. Ms. Haugen said the original proposal was to put sidewalks on both sides of the street, keep the street at its current width and keep on-street parking. Though there is adequate room for a sidewalk, the original proposal would have required removal of large trees which was identified at the beginning of the sidewalk and trail planning process to be a negative result. Councilmember Omodt discussed the need to investigate the foot traffic numbers, the bussing numbers, and the wisdom of putting in a sidewalk due to area’s uniqueness. He suggested this part of the sidewalk plan be deferred. Mayor Jacobs suggested sending it back to the neighborhood association to have more public input. He and Councilmember Sanger concur with deferring the project. Councilmember Sanger wondered about the history and why it was initially proposed. Councilmember Santa remarked that this segment, which includes Aquila and several other options, were originally seen as reasonable due to the natural connection with other components of the trail system. The streets did not feel safe with all the cars, as well as several other streets in Ward 3. She supports the Aquila segment going through to Knollwood Mall. She also noted there was a lot of work done on sidewalks in the past, and that it would be good to revisit recommendations to continue making good decisions. Councilmember Basill suggested a motion to adopt the attached resolution with all of the segments included, but to defer the 41st Street Sidewalk to a later time as appropriate. He suggested a discussion in the neighborhood association, if warranted, and possible future meetings. It was motioned by Councilmember Basil, seconded by Councilmember Omodt, to adopt Resolution No. 04-046 approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk with the exception of the section on 41st Street. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 5 The motion passed 7-0. 8c. City Engineer’s Report: Traffic Signal Improvements on Louisiana Ave at Highway 7 – Project No. 0017 Mr. Olson spoke regarding the proposal to increase Louisiana St and Hwy 7 and to provide increased capacity at these intersections with dual left turn lanes. The signal at Walker Street would be permanent and the Lake Street signal temporary, due to planned reconfiguration in future. These signals will be interconnected with existing signals for better operations and coordination and areas will be restriped with pedestrian activated signals. There will be significant traffic impact during construction with delays and reduced lanes for approximately two months. Adjacent property owners have been notified, with comments from the developers of Louisiana Oaks Apartments and Anderson Builders. Councilmember Santa asked about emergency vehicle access to Methodist Hospital during the reconstruction. Mr. Olson stated that staff was in communication with the hospital and emergency vehicle access will be addressed. Discussion continued by Councilmember Basill on the crosswalk for pedestrians at Louisiana and Lake, and Councilmember Finkelstein wondered about pedestrian safety crossing the dual lanes of traffic on Louisiana. Ms Hagen said the state dictates timing sequence for signals. She will check to see that the timing is maximized as much as possible. Councilmember Sanger understood Methodist Hospital would be contributing to cost of the signal at Lake and Louisiana, as part of their new construction project. She asked if Methodist would also be required to contribute to the cost of the permanent signal when it was installed. The City Manager noted Methodist will not be expected to contribute to the permanent signal. A permanent signal is not required at this time, as it will be replaced in the future as a reconfiguration takes place in 2015. Ms. Hagen assured the council that the temporary signal will be fully functioning for many years, but will be placed on wood poles. It was moved by Councilmember Santa, seconded by Councilmember Basill, to adopt Resolution No. 04-047 establishing and ordering Improvement Project No. 00-17, Traffic Signal Improvements on Louisiana Avenue at Highway 7, approving plans and specifications, and authorizing receipt of bids. The motion passed 7-0. 8d. Application to consider request of Dworsky Family Trust, to change from Civic Mixed Use to Commercial Mixed-Use, Case No. 04-05-CP. Resolution No. 04-048 St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 6 Ms. Erickson displayed a map of the property in question and stated that the owner is seeking to change designation from “civic mixed use” which was assigned in the comprehensive plan when it was considered the ideal location for a transit station. Planning Commission and Staff recommend approving a comprehensive plan amendment to change the land use designation to Commercial-Mixed-Use, including a right of way for the new frontage road location. Staff also recommended changing designation of property located in the SW quadrant of 7 and Wooddale from civic-mixed-use to commercial mixed-use. All property owners involved are aware of the findings of the Elmwood Study. All current uses in property could continue until transit station is developed. Councilmember Sanger questioned the timing of reguiding the property on the SW corner and questioned why the zoning is not being changed now. Ms Erickson replied that there is a nine-month window during which zoning changes must be made after a comp plan amendment. She stated that most of the land in question is in the hands of either the city or the county and that uses will not be hampered even if a use would became nonconforming by a zoning amendment. Councilmember Sanger wondered if it were changed to commercial-mixed use, if there is awareness of traffic compared to current usage. Ms. Erickson replied that a traffic study had been done with preliminary figures, and the text amendment states uses can be limited to those that are low traffic generators. They are currently zoned MX. Any use on that property requires a PUD, and as part of a PUD uses can be limited to those in the comprehensive plan. Councilmember Basill noted the neighborhood meeting went well. Regarding the second motion to change parcel on NE corner of 36th and Wooddale to civic-mixed use, he asked if a change would be detrimental in future negotiations with Hennepin County regarding the transit station. Ms Erickson responded that the County and City have been working cooperatively on the proposed transit station and transit oriented development. Hennepin County covered the cost of the Elmwood Study, and is working with us to put in place the pieces of infrastructure so that it works. She stated no negotiation leverage would be lost, as Hennepin County owns only part of the property, but the parking lot is owned by the City. They have asked if we were willing to sell property to them, and we haven’t gone any further. Councilmember Basill suggested that there will be light rail parking there someday, but recognized the potential for a park and ride before light rail comes to that location. There are concerns in the Elmwood neighborhood that overflow parking would end up in residential areas. Ms Erickson said Hennepin County will be starting the next phase of the transit study sometime later this summer, looking at parking at each of their transit stations. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 04-048 approving a comprehensive plan amendment changing land designation of the Dworsky site from Civic-Mixed-Use to Commercial-Mixed-Use. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 7 The motion passed 7-0. Councilmember Finkelstein did not understand the need for a change in land use designation at this time and felt the Council may want to maintain control until there is an understanding of what the County will do. Ms Erickson stated the only property owned by County is Unpainted Place, and parking is in municipal parking lot already owned by City with an easement over part of lot. By designating this for civic-mixed-use, the property owners in area have notice of intention to bring a civic-mixed-use to this area. City Manager stated that staff doesn’t feel any loss of control if the property is reguided to civic-mixed-use. He didn’t feel it mandatory to make this guide plan change either. He remarked the Council did adopt into the comp plan the principals of the Elmwood Neighborhood Study, and that study does suggest the transit station on this location. He suggests the comp plan can still be used, and the study to illustrate to future parties that there is going to be a transit station there. Staff was using Dworsky application as a vehicle for making other changes in the area that made sense. Civic-mixed-use was the Dworsky property, due to plans to put transit station there, and staff suggested putting it where it was going to be in the future. City Manager said there was nothing compelling to make that change now. Motion by Councilmember Basil, seconded by Councilmember Omodt to adopt a Resolution approving Comprehensive Plan map amendment changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and text amendments to Chapter P and Chapter U of Comprehensive Plan 2000-2020 contingent upon Metropolitan Council Approval. Councilmember Sanger questioned the use of the municipal lot, and asked for clarification as to why the City is sponsoring and paying for land that is private benefit of a commercial use. She noted this might be a good opportunity to sell the land to a commercial property owner. She noted by retaining the current comp plan designation the land may be worth more and have a higher valuation. Mr. Harmening responded that the city built the parking lot many years earlier and has maintained by plowing and striping. The council will be considering several parking lots including this one in a future discussion. Councilmember Finkelstein suggested a taxing district for these businesses similar to Excelsior and Grand, so businesses benefiting from the lots could pay upkeep and maintenance of them. This would lessen the cost to the taxpayer. Councilmember Velick felt that having control of parking lots would be very helpful in Ward 4. City Manager suggested for the record that the City of St. Louis Park withdraw its piece of this guide plan change having to do with the reguiding of the transit station property in St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 8 the future. The Dworsky piece will stay as it is, but the other pieces associated with the future transit station are withdrawn for now. Ms Erickson stated the City was also co applicant because the property next to the Dworskys is also part of the reguiding. She reiterated the text amendments should be adopted. Councilmember Basill stated for the record that he wished to withdrew his motion to adopt a Resolution approving a Comprehensive Plan map amendment changing land use designation for property on the northeast quadrant of Wooddale Avenue and West 36th Street from Commercial to Civic-Mixed-Use and text amendments to Chapter P and Chapter U of Comprehensive Plan 2000-2020 contingent upon Metropolitan Council Approval. Mayor noted it will be brought up again as needed. 8e. Request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park. Ms Erickson introduced a request from Qwest for a 4 ½’ x 10’ easement in Bronx Park. Qwest had originally planned to place access box in the right of way, but instead opted not to damage a very large tree. Qwest has worked with the Parks Department and determined that an easement in this location would be least detrimental. Councilmember Sanger asked how large the structure would be. Ms Erickson responded that the utility box would hold telecommunications equipment and be less than 4’ tall. Councilmember Omodt commented on holes being dug in his front yard by a survey crew without his permission, saying they worked for Qwest. He asked if this was a problem reported elsewhere in the city. Mr. Harmening offered to have staff look into the situation. Councilmember Finkelstein wondered about a height limitation. City Manager said there is a height limit in the easement document. Councilmember Santa asked if high voltage equipment would be in the utility box, concerned about security near a children’s play area. Ms. Erickson stated the box would be locked, and concerns passed on. She also stated Qwest needs to comply with a screening requirement. City Manager mentioned that the public hearing would be held at second reading and answers to these types of questions could be provided to council at that time. Councilmember Sanger wanted to know benefits of giving Qwest the easement. She wondered if this installation furthers DSL service to parts of town not served, and if not, could a trade be a consideration. Mayor noted there were many questions needing answers b y second reading. St. Louis Park City Council Meeting 050304 - 3b - Council Minutes of 4-12-04 Page 9 It was motioned by Councilmember Sanger, seconded by Councilmember Santa to approve 1st reading of an ordinance grating a utility easement within a portion of Bronx Park and set second reading and public hearing for May 3, 2004. The motion passed 7-0. 9. Communications Mayor Jacobs invited everyone to Youth Proclamation Dinner. Councilmember Velick reminded everyone of the spaghetti dinner Friday night. Councilmember Basill has heard from Unpainted Place, and wants to let everyone know they are not going anywhere, they are in business there. 10. Adjournment The meeting was adjourned at 9:30 p.m. ______________________________________ ______________________________________ City C lerk Mayor St. Louis Park City Council Meeting 050304 - 3c - Study Session Minutes of 4-12-04 Page 1 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION April 12, 2004 The meeting convened at 9:35 p.m. Councilmembers present were John Basill, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, Phil Finklestein and Mayor Jacobs. Staff present: City Manager (Mr. Harmening), City Clerk (Ms. Reichert); Economic Development Coordinator (Mr. Hunt), City Planner (Ms. Erickson) and Recording Secretary (Ms. Teagarden). 1. Charter Commission 50th Anniversary Celebration Members of the Planning Commission met with Council to provide an update on plans for the 50th Anniversary charter celebration. Chair Lynne Carper introduced members of the commission and presented an overview of the planning process. Janice Loftus and Brian Fiderlein provided information about education programs, events, and marketing.. Mr. Carper informed council that donations are welcome and asked for their assistance in providing contact information for persons who may be willing to help fund the events and activities. Councilmembers were very pleased with the progress made to date and asked to be kept apprised as planning continues. . 2. Update on negotiations for purchase of 5925 Hwy 7 Mr. Hunt provided an explanation of terms of the proposed purchase agreement and preliminary business points. Councilmembers Basill, Santa and Jacobs all expressed support for the purchase citing the strategic location of the property and opportunity to purchase land to be used for a future public purpose. Councilmember Finklestein asked if the value of the property would increase in the future? Mr. Hunt stated that in all likelihood it would. Councilmember Omodt questioned how the city might use the property in the short term. Mr. Hunt stated that the space could be leased to a tenant and would not sit idle. Mr. Harmening cautioned that even though the land is currently highly valued, the real value of the property lies in its strategic location and future public use. This purchase may not result in a profit in terms of dollars for the city, but should be measured in it’s value to future transit planning. St. Louis Park City Council Meeting 050304 - 3c - Study Session Minutes of 4-12-04 Page 2 Mayor Jacobs agreed with that assessment stating that his interest in purchase of the property is so that the city can control its future development – not as an investment property. Councilmember Sanger asked if resources were available for a proposed re-alignment of the frontage road on the property. Mr. Harmening responded that the funds were available, but staff resources may be problematic. He stated that this may be a project where consultants would be helpful. Mr. Hunt informed council that the purchase agreement would be coming forward to the EDA sometime very soon. Mr. Harmening informed council that staff was working with SRF to help determine future needs for traffic and pedestrian crossings at that location. 3. Tobacco Legislation Representative Ron Latz was in attendance to discuss legislation he has authored to enact a state- wide smoking ban in restaurants. Councilmember Sanger asked councilmembers if they would be comfortable passing a resolution of support for the bill. Timing, Rep. Latz said, is not particularly important as the bill will not be passed during this legislative session. He would, however, like to reintroduce the bill during the next session and would hope that sometime prior to that the SLP City Council would pass a resolution. Councilmember Sanger recalled that during recent discussions regarding the tobacco ordinance, several councilmembers expressed their belief that any kind of smoking ban should be state- wide. Councilmember Velick expressed her support. Councilmember Santa stated that she did not feel this is “city business” and was not in support of passing the resolution at this time. Councilmember Basill felt uncomfortable doing a resolution of this nature as he did not believe there was interest in the community at this time. He did not feel comfortable passing a city resolution as he did not want to make that kind of decision on behalf of 44,000 people without running more of a public process. Councilmember Finklestein suggested the council wait to see what benefits come of the recently passed ordinance requiring restaurants to disclose amounts of nicotine in the atmosphere. Councilmember Omodt also felt the ordinance already in place should be given an opportunity to work before passing any other sort of resolution. St. Louis Park City Council Meeting 050304 - 3c - Study Session Minutes of 4-12-04 Page 3 Mayor Jacobs asked if staff could put together a report showing how successful our ordinance is after it has had some time. 4. Communications Mr. Harmening informed council that Edina was having a problem with vinyl chloride in their water. He reassured the council that the problem did not affect St. Louis Park in any way. Council asked if staff could put together a “fact sheet” so that if they received calls from constituents, they could respond. Mr. Harmening informed council that they would be considering an issue in the near future regarding 90+ garbage can service. Mr. Harmening asked council to consider which councilmember may be interested in participating in Travel Demand Management System discussions with the City of Golden Valley. 5. Adjournment The meeting was adjourned at 10:39 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Meeting 050304 - 4a - Traffic Demand Mgmt Task Force Appt Page 1 4a. Motion to appoint City Councilmember Sally Velick to the City of St. Louis Park and City of Golden Valley Travel Demand Management District Joint Task Force Background: The cities of St. Louis Park and Golden Valley have mutually adopted a travel demand management district into each city’s Zoning Ordinance which relates to areas in both cities adjacent to Interstate 394. The purpose of the joint task force is to periodically monitor traffic generation and air pollution along the corridor and to review traffic management plans for development projects that occur so as to ensure their compliance with the intent and purpose of the ordinance. In the past, City Councilmembers Susan Sanger and Jim Brimeyer represented the city on the task force. With the departure of Councilmember Brimeyer, it is necessary for a Councilmember to fill the vacancy. The timing of this appointment is important as the task force will be asked to convene in the future to review a study which is being authorized by St. Louis Park and Golden Valley staff to analyze the conditions along the corridor and to evaluate the current traffic reserve capacity. According to the joint powers agreement regarding the I-394 overlay zoning district, the reserve capacity should be re-evaluated annually. The cost of the study is approximately $20,500.00 and is being shared equally by the City of St. Louis Park and the City of Golden Valley. Funds for this study are available for St. Louis Park’s share of the cost. Once this study has been completed, the task force is proposed to convene to review the results and respond to any of the findings of the study. Attachment: Draft Scope of Work for 1-394 Traffic Study (Supplement) Prepared by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 4b - MCWD Maintenance Agmt Page 1 4b. Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District regarding the sweeping of Louisiana Avenue from Lake Street to Walker St. in the Spring and Fall of each year. Background: The City has submitted a permit application to the Minnehaha Creek Watershed District (MCWD) for the Louisiana Avenue Traffic Improvements project, Project No. 00-17 (improvements at or near TH 7 and Louisiana Ave). As a condition of the permit issuance and in accordance with the MCWD rules, a Maintenance Agreement must be executed with the Watershed District. The proposed Agreement with the MCWD commits the City to insuring the above roadway segments are swept twice a year, once in the Spring and again in the Fall. The City’s current sweeping operations meet the permit requirements. No additional work effort is needed to meet this sweeping commitment. This agreement is similar to others that have been approved with the Watershed District for the other construction projects. The City Attorney, Mr. Tom Scott, has drafted the proposed Maintenance Agreement. Attachment: Agreement Prepared by: Jim Olson, Engineering Project Manager Reviewed by: Maria Hagen, City Engineer Michael P. Rardin, Director of Public Works Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 4b - MCWD Maintenance Agmt Page 2 STORMWATER FACILITY MAINTENANCE AGREEMENT This Maintenance Agreement is made this day of , 2004, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, hereinafter referred to as “City”, and the MINNEHAHA CREEK WATERSHED DISTRICT, a public body corporate and politic under the laws of the State of Minnesota, hereinafter referred to as “MCWD” to provide for the street sweeping roadway facilities constructed pursuant to MCWD permit application number 04-005. WHEREAS, the City has applied for a permit from the MCWD pursuant to MCWD Rule N, application attached hereto as Attachment 1; and WHEREAS, the property which is the subject of this Agreement is described in Attachment 1 to this Agreement; and WHEREAS, the streets and other parts of the construction project will be public improvements under the control of the City and State, and WHEREAS, MCWD Rule N provides, “A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District’s Maintenance Agreement Form.” NOW, THEREFORE IT IS MUTUALLY AGREED by and between the parties: 1. The City or its designee will upon completion of the public improvements and in accordance with its local Comprehensive Water Resources Management Plan sweep the following locations in the spring and fall of each year, and remove all sediment and debris: • Louisiana Avenue from Lake Street to Walker Street a. Violation of the inspection and/or maintenance provisions of this agreement is a violation of the MCWD permit for the project for which the MCWD may take action against Applicant. b. This agreement will be for an initial term of five years and will automatically renew every five years thereafter unless otherwise agreed to by the parties. St. Louis Park City Council Meeting 050304 - 4b - MCWD Maintenance Agmt Page 3 IN WITNESS WHEREOF, the parties hereto execute this Maintenance Agreement. Dated: CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager Dated: MINNEHAHA CREEK WATERSHED DISTRICT By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 2004, by Jeffrey W. Jacobs and Thomas K. Harmening, respectively the Mayor and City Manager of the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 1 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA April 7, 2004--6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Ken Gothberg, Claudia Johnston-Madison, Dennis Morris, Carl Robertson, Jerry Timian MEMBERS ABSENT: Michelle Bissonnette STAFF PRESENT: Julie Grove, Janet Jeremiah, Gary Morrison, Nancy Sells 1. Call to Order – Roll Call Chair Robertson called the meeting to order at 6:00 p.m. 2. Approval of Minutes of March 17, 2004 Commissioner Morris moved approval of the minutes of March 17, 2004. The motion passed on a vote of 3-0-2 (Commissioners Carper and Gothberg abstained.) Commissioner Timian arrived at 6:05 p.m. 3. Hearings A. (continued from March 17) Case Nos. 04-09-CUP and 04-10-VAR--Request by Mark Carlson for a Conditional Use Permit to allow windows in the second story of a detached garage and to allow the upper story of the detached garage to be finished and used as a hobby room together with three variances to allow the detached garage to be placed in the front yard, a nine foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house for property located at 4332 Brookside Ave. Gary Morrison, Assistant Zoning Administrator presented a staff report. He stated that staff recommends approval of the conditional use permit with conditions. Staff also recommends approval of all three variance requests, with the recommendation that the Planning Commission approve a 7 foot variance to the required 9 foot interior side yard instead of the requested 9 foot variance. He explained that the 7 foot variance is recommended to maintain the 2 foot setback which is the standard for smaller garages. St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 2 The 7 foot variance will also preserve adequate off-street parking spaces so that Hobart Lane can be kept clear for vehicular traffic. Commissioner Carper asked for additional explanation of the issues regarding maintaining the 2 foot setback, especially as it relates to the adjacent railroad property. Mr. Morrison responded that the standard of 2 feet is consistent with the existing requirement for the smaller garages. It is also an issue of maintaining the back side of a garage and access without going on someone else’s property. Commissioner Carper asked if there have been any other types of variances under similar circumstances where the property doesn’t encroach on another yard. Mr. Morrison said he has not seen that. Commissioner Gothberg stated that possible changes to the railroad property should be considered. Janet Jeremiah, Planning and Zoning Supervisor, said there are some building code issues related to setbacks from property lines. She said 2 ft. is usually necessary to adhere to some of the building code requirements as well. Mark Carlson, applicant, said he had requested a 0 ft. setback because the lot is quite thin. He may have to change the size of the garage to protect two mature trees if the setback is 2 ft. Mr. Carlson said he has been in discussion with the railroad and has received verbal approval for the garage construction. The railroad is also aware of landscape clean-up work he has done on the property. Mr. Carlson said he understands Mr. Morrison’s concerns regarding the setback standard. He said if the railroad ever decided to sell the land, he would be very interested in acquiring it. The Chair opened the public hearing. As no one was present who wished to speak he closed the public hearing. Commissioner Morris moved to adopt the staff recommendation of approval of the conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space, together with a recommendation to approve the variances to allow the detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house subject to the conditions recommended by staff. The motion passed on a vote of 6-0. St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 3 B. Case No. 04-12-S and 04-13-VAC—Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement for property located at 2545 Huntington Ave. S. Julie Grove, Associate Planner, presented a staff report. The applicant, Charles Stinson, is applying for preliminary and final plat approval to split the property into three single- family parcels. Ms. Grove stated that on January 21, 2004 the Planning Commission held a public hearing and considered a different application from Mr. Stinson for a 3-lot subdivision which required a variance to the lot width requirements for one of the lots. Staff and the Planning Commission recommended denial of the variance and therefore the plat. Ms. Grove said that the applicant waived the 60-day review rule and requested that the subdivision with variance proposal be put on hold while he considered options. Mr. Stinson subsequently submitted the current proposal, which does not require any variances. Ms. Grove reported that two of the proposed lots are triangular lots. The lot on the corner of 26th St. and France is a rectangular lot. Lots 1 and 2 are triangular lots. Lot 1 fronts along Huntington Ave. and Lot 2 fronts along 26th Ave. Ms. Grove said that the lots do meet the subdivision and zoning ordinance width requirements. The proposed lot area requirements are also met. Ms. Grove explained the applicant has agreed to revise plans to meet setback requirements. Ms. Grove said that the Public Works Dept. has reviewed the request for a utility easement vacation and has found the request to be acceptable. Ms. Grove discussed the proposed driveway for Lot 2 on 26th Ave. The driveway does meet the City’s distance standards from intersections. The driveway is located far enough away from the bus stop at the corner of 26th and Huntington so that a bus stopped at the corner would not block the driveway. The developer added a turnaround into the driveway itself to limit vehicles backing onto 26th St. Ms. Grove mentioned that vegetation at the curve of the intersection would be removed, improving visibility and sight distances at the corner. Ms. Grove discussed the study by the Public Works Dept. of the 26th St. and France Ave. intersection. Ms. Grove said two letters were received from residents in opposition to the subdivision. The letters dated April 5, 2004, from Beverlee L.R.Fine, 2530 France Ave. S. and James and Renee Gainsley, 2625 Inglewood Ave. S., were distributed to the Commission. Ms. Fine’s letter expressed disappointment that the meeting of the Commission was scheduled on Passover. Ms. Fine said she did not believe the applicant’s request should be granted for the following reasons: 1) Her parents originally developed the adjacent property in the 1950s with the understanding that there would be only a single home next door; 2) The properties surrounding the property are all large homes and it is not consistent with the neighborhood; 3) A driveway on the 26th Street side is hazardous as it St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 4 has blind turns and there could be accidents there; 4) It causes undue hardship on the community as it will devalue all of our properties and make living arrangements less comfortable. Ms. Fine stated that the project as outlined would be developed at the expense of the community. James and Renee Gainsley’s letter, 2625 Inglewood Ave. S., stated that the proposed land use will be perceived as overbuilding. They expressed opposition to platting irregular shaped lots when there is no physical need to do so. They stated they believe the best development for the area would be a single lot and secondly, two lots. They find three lots to be over the top. Charles Stinson, owner and architect, said the goal is to have a good project for all parties involved. He said the current proposal is the result of lengthy research and consultation. It is the best solution that does not require a variance. He explained that safety considerations were considered. Mr. Stinson stated that Shane Coen, the landscape architect, agreed with all proposed conditions of approval Chair Robertson thanked the applicant for the architectural drawings which were provided to the Commission. Chair Robertson opened the public hearing. Wayne Jenkins, 2106 Huntington Ave., asked how deep into the triangular lot the 75 ft. width has been met. He also asked for a definition of the setback. Ms. Grove responded she believes it has to be 1/3 of the depth of the lot and it has to be at the setback. Ms. Jeremiah added that the required lot width has to be maintained at least 30 ft. back from the front property line. The two triangular lots maintain at least 75 ft. to a depth of 65 ft., approximately. Mr. Jenkins asked if it is common to divide a lot triangularly to accommodate a developer, in spite of the character of a neighborhood. Ms. Jeremiah stated that much of the development in the City occurred many years ago, but there are a fair number of triangular shaped lots in the City in many different situations. She explained that some of these lots resulted from angled streets, some were at the end of cul-de-sacs, and some were subdivisions. Ms. Grove presented some examples. Mr. Jenkins said the examples provided seemed to be related to the street design, not with the desire to maximize the potential of the property. Chair Robertson said the zoning code doesn’t require rectilinear lots. St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 5 Mr. Jenkins asked if the code requires subdivisions to be consistent with the character of the neighborhood. Chair Robertson responded that is part of it, but in a large tract of land it isn’t visually obvious where lot lines are located. He suggested that more important than looking at the scale of the neighborhood is density and scale of the buildings. The actual shape of a lot is a little arbitrary. There are no regulations requiring a lot to be four sided. Mr. Jenkins said his understanding of a corner lot and 10 feet required for a corner lot in a subdivision is an issue of safety and sight line. Chair Robertson said it is an issue of putting in sidewalk which is required by the subdivision and yet not reducing the buildable width of the lot. Mr. Jenkins asked if a triangular lot basically defeats safety concerns. Chair Robertson said it’s the setbacks from the side and front which determine visibility. He said the width of the lot doesn’t affect visibility. Robert Warshawsky, 2616 Glenhurst Ave. S., stated that April 7 is a Jewish holiday which doesn’t end until sundown. He said the majority of people surrounding the property were not able to attend the meeting. He said it was poor planning to hold the meeting when it involves a neighborhood opposed at a time when they cannot attend. Ms. Jeremiah said the parties who voiced concern about the Planning Commission meeting date were made aware of the upcoming City Council date, as another opportunity to discuss the request. In response to Commissioner Morris’ question about meetings scheduled during Passover, Ms. Jeremiah responded that April 5 and April 6 were recognized as part of the Jewish Passover holiday and City meetings were not scheduled on those dates. It was staff’s understanding that meetings could be scheduled on April 7. Chair Robertson said the Planning Commission is only a recommending body and the Council makes the final determination on a request. Joshua Schneck, said 3912 W. 25th St., stated that it is hard to say when possible improvements to the intersection would be made. He said currently the intersection is pretty dangerous. He asked if safety issues were addressed by the Planning Commission. Chair Robertson said safety issues are taken into consideration by the Commission. Mr. Schneck said he understood that legal requirements for the subdivision were met. He asked if the requirements were put in place to foster public safety and minimize accidents. He said the development will make the intersection more dangerous and there is no guarantee that the improvements will ever happen. St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 6 Ms. Jeremiah stated that the changes to the intersection are in the study stage. She said the study began prior to the development proposal. Very active work is being done with the County to determine the most appropriate situation. She said it is a current concern and the City is interested in addressing it regardless of whether or not the proposal takes place. Commissioner Morris said the Commission does consider safety issues surrounding a development site. He commented on the intersection problems having to do more with grade in the winter and visibility problems in the summer than with any development on the site. Mr. Schneck said there was no doubt in his mind that the development would aggravate the intersection situation. As no one else was present who wished to speak, Chair Robertson closed the public hearing. Commissioner Johnston-Madison asked if the applicant worked with the neighborhood on the current proposal. Mr. Stinson responded that they worked with the neighborhood on the first plan but did not work with the neighborhood on the current proposal. He said there wasn’t a spirit of cooperation with the neighborhood and a neighborhood meeting did not seem to be productive for the second proposal. He said in the current proposal they were able to respond to two of the neighborhood concerns from the first proposal. The current proposal has one garage on Huntington Ave. rather than two garages. The homes will be designed differently, addressing the neighborhood’s concern that they would resemble townhomes. Mr. Stinson said St. Louis Park is the first community they have worked in where a neighborhood meeting was held on one of their projects. He said it was not a positive experience as there wasn’t a dialogue. He suggested perhaps in another format, including City involvement, it would be more beneficial. Mr. Robertson said neighborhood meetings are a valuable tool and are becoming more popular in many communities. Commissioner Timian said he felt the applicant has done a nice job of changing the plans and making accommodations with the space. He said he appreciated the work the applicant has done on the current proposal. Commissioner Gothberg said he would endorse the staff recommendations. He stated that the developer has made some changes which are more positive compared to the first proposal. He commented to the residents that the City Council will be interested in whether the neighborhood feels the second plan is better than the first plan. St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 7 Commissioner Carper said he felt the developer has done an excellent job in taking the lot purchase and dividing it into three lots. He commented that the variance approach was also innovative. Commissioner Carper said he also understood the neighborhood reaction to either plan. He said he is dismayed that a developer can take a platted lot and do various types of geometry to divide it. He said there may be more of this kind of geometry in that neighborhood in the future. He commented that one development is a small change, but if it continues, it will change the density and the look of the neighborhood. Commissioner Carper recommended that those in opposition to the proposal speak with their Councilmembers. The only way it could be prevented in the future would be an ordinance change. Commissioner Carper said he is dismayed by the proposal but that he will be supporting it as it can’t be denied with the current ordinance. Commissioner Johnston-Madison said she had mixed emotions about the project. She said Mr. Stinson has an excellent reputation. She believes the residences will be excellent. Commissioner Johnston-Madison said the examples of triangular lots in the City presented by staff are not the same type of housing as the proposal. She said the feeling of the street will change with the three homes. She said there is no basis for denying the application. She said the proposal is probably the best use of the property other than having two homes. Commissioner Johnston-Madison encouraged residents to talk to their Councilmembers. She also encouraged residents to work with developers. Commissioner Johnston-Madison asked if there was any precedent for denying the request. Ms. Jeremiah said that the City Attorney has been consulted and concurs with the staff recommendation since the proposal does meet the ordinance requirements. Commissioner Morris commented that there have been situations where the Planning Commission unanimously voted against plans which were later approved by the City Council. He said as pointed out by the Chair, the Planning Commission is an advisory body. Commissioner Morris made a motion to recommend approval of the preliminary and final plat for Biltmore Addition subject to conditions recommended by staff and to recommend approval of an ordinance vacating the utility easement at 2545 Huntington Ave. S. The motion passed on a vote of 6-0. Commissioner Gothberg offered copies of the architectural overview to residents. 4. Unfinished Business: None 5. New Business: None 6. Communications St. Louis Park City Council Meeting 050304 - 4c - Planning Commission Minutes Apr 7, 2004 Page 8 A. Recent City Council Action – March 22 7. Miscellaneous: None 8. Adjournment Chair Robertson adjourned the meeting at 7:05 p.m. Respectfully submitted, Nancy Sells St. Louis Park City Council Meeting 050304 - 4d - PRAC Minutes of 3-23-04 Page 1 OFFICIAL MINUTES PARKS AND RECREATION ADVISORY COMMISSION MARCH 23, 2004 REC CENTER BANQUET ROOM MEMBERS PRESENT: R. Bruce Cornwall, Kirk Hawkinson, Dick Johnson, Sarah Lindenberg, Dana Strong, and Tom Worthington MEMBERS ABSENT: None STAFF PRESENT: Cindy Walsh 1. Call to order Mr. Worthington called the meeting to order at 8:20 p.m.0 2. Adjustments to the agenda Added park dedication discussion in Biltmore Addition under New Business. 3. Approval of Minutes A. January 15, 2004 – Youth Association Meeting Sarah Lindenberg moved to approve the notes from the January 15, 2004 Youth Association meeting, Bruce Cornwall seconded. The motion passed 6-0. B. February 18, 2004 Sarah Lindenberg moved to approve the minutes from the February 18, 2004 Parks and Recreation Advisory Commission meeting, Bruce Cornwall seconded. The motion passed 6-0. 4. New Business A. Biltmore Addition Park Dedication Commission members reviewed and discussed the proposed subdivision of 2545 France Avenue – Biltmore Addition. Ms. Walsh suggested accepting cash in lieu of land in the amount of $2,025. These funds would to into the park fund. Kirk Hawkinson motioned to approve accepting cash in lieu of land in the amount of $2,025; Bruce Cornwall seconded. The motion passed 6-0. 5. Old Business A. Off Leash Dog Park Discussion The Commission members and staff discussed the public meeting and comments received. Parking and traffic congestion were the largest issues discussed. Staff was encouraged to explore possible resolutions to those issues. Members requested staff compile all comments received (from the meeting and correspondence) for distribution St. Louis Park City Council Meeting 050304 - 4d - PRAC Minutes of 3-23-04 Page 2 prior to the April 21st Parks and Recreation Advisory Commission meeting. The members feel the entire area should be reviewed. The Commission will discuss at their April 21st meeting. B. Commissioners’ Twilight Swim Mr. Johnson informed the Commission that Bill Gleason from Gleason Printing donated 2,000 flyers for the Commissioners’ Twilight Swim to be held on July 17t, 2004. Mr. Johnson suggested publicity opportunities and the Commission members divided up duties for publicizing the event. C. Commissioners’ Sponsored Breakfast Mr. Johnson offered to coordinate catering and prepare an invitation for staff. The invitation will be e-mailed to Ms. Walsh and she will distribute to staff. D. Code of Conduct Members discussed the adoption process and decided to table this discussion until a future meeting. 6. Communications A. Chair Mr. Worthington indicated the Commissioners thank you from Council was very nice. He advised his work e-mail should be removed from the member listing and replaced with his home e-mail (tom_worthington@yahoo.com). Mr. Worthington requested a new member listing be distributed with the packet of information for the April meeting. B. Commissioners Ms. Lindenberg advised she will include the Commissioners’ Swim event in the Children’s First newsletter. C. Program Report None. D. Director’s Report None. 7. Adjournment Moved by Dana Strong and seconded by Bruce Cornwall to adjourn. Motion passed 6-0. With no further business, the Commission adjourned at 9:40 p.m. Minutes respectfully submitted by, Stacy M. Voelker Recording Secretary St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 1 MINUTES DECEMBER 2, 2003 BOARD OF ZONING APPEALS CITY OF ST. LOUIS PARK The St. Louis Park Board of Zoning Appeals Committee conducted a regular meeting on Tuesday, December 2, 2003, at St. Louis Park City Hall, 5005 Minnetonka Boulevard, St. Louis Park, Minnesota. Members Present: Vice Chair Ryan Burt Commissioner Tom Powers Commissioner Paul Roberts Members Absent: Chair Susan Bloyer Commissioner James Gainsley Staff Present: Gary Morrison, Assistant Zoning Administrator Tara Olson, Community Development Secretary 1. CALL TO ORDER – ROLL CALL Vice Chair Burt called the regular meeting to order at 7:01 p.m. 2. APPROVE BOARD OF ZONING APPEALS COMMITTEE MINUTES Motion by Commissioner Powers, seconded by Commissioner Roberts, to approve the following minutes as presented. 1) Board of Zoning Appeals Committee public hearing and regular meeting minutes dated October 23, 2003. Motion Carried. Voting Yes: Burt, Powers and Roberts. Voting No: None. 3. CONSENT AGENDA Case No. 03-28-VAR; Amend Resolution No. 05-03, Tom Sheldon and Jodi Sheldon Rogness of 3874 Brookview Drive granting a variance from Section 36-74(d)(1) of the ordinance code relating to zoning to allow the construction of an 8-foot high fence instead of the required 6-foot high fence for property located in the R-1, single family district. Mr. Morrison stated that this resolution is being amended due to an incorrect legal description provided to staff. Motion by Commissioner Roberts, seconded by Commissioner Powers, to amend Resolution No. 05-03 to allow for corrections to legal description and approve Resolution No. 05-03 granting a St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 2 variance from Section 36-74(d)(1) of the Ordinance Code relating to zoning to allow the construction of an 8-foot high fence instead of the required 6-foot high fence is granted subject to the fence being located along the westerly property line which is also adjacent to the apartment parking lot for property located in the R-1, single family residential district at 3874 Brookview Drive. Motion Carried. Voting Yes: Burt, Powers and Roberts. Voting No: None. Case No. 03-60-VAR; Approve Resolution No. 14-03, Bill and Karen Liebesny granting a variance from the requirements of Sections 36-163(f)(8) of the ordinance code relating to zoning to allow a 6-foot side yard instead of the required 9 feet, five inch side yard for an addition off the back of the house for property located in the R-1 single family residential district at 8733 Westmoreland Lane. Motion by Commissioner Roberts, seconded by Commissioner Burt, to approve Resolution No. 14-03 to allow a 6 foot side yard instead of the required 9 feet, five inch side yard for an addition off the back of the house of the property of 8733 Westmoreland lane. Motion carried. Voting Yes: Burt, and Roberts. Voting No: Powers. Case No. 03-65-VAR; Approve Resolution No. 16-03, George Petros and Bonnie Munger granting a variance from the requirements of Section 36-163(f)(6) of the ordinance code relating to zoning to allow a 29.7 foot front yard instead of the required 50 feet for an addition of an enclosed 5 foot by 7 foot 4 inch front vestibule addition for property located in the R-1 single family residential district at 5637 Wood Lane. Motion by Commissioner Roberts, seconded by Commissioner Powers, to approve Resolution No. 16-03 to allow a 29.7 foot front yard instead of the required 50 feet for an addition of an enclosed 5 foot deep by 7 foot 4 inches wide enclosed front vestibule at 5637 Wood Lane. Motion carried. Voting Yes: Burt, Powers and Roberts. Voting No: None. Case No. 03-66-VAR; Approve Resolution No. 17-03, Tina Dehn granting a variance from the requirements of Section 36-162(c)(7)a.2.ii of the ordinance code relating to zoning to allow the construction of a detached, two car garage which does not meet the required 7 foot side yard for garages over 26 feet in dimension for property located in the R-2 single family residential district at 3312 Webster Avenue. Motion by Commissioner Roberts, seconded by Commissioner Powers, to approve Resolution No. 17-03 to allow the construction of a detached, two-car garage which has a 1-foot side yard instead of the minimum allowed 7 feet with the following conditions: St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 3 1. Recording of a cross access agreement that will guarantee the on-going right of the applicant and her neighbors to trespass over that portion of one another’s property that is currently being used as a driveway. Motion carried. Voting Yes: Burt, Powers and Roberts. Voting No: None. 4. PUBLIC HEARINGS/COMMITTEE BUSINESS A. Case No. 03-71-VAR – The request of Susan and Dave Fink for a variance from the requirements of Section 36-162(c)(7)2ii of the Ordinance Code relating to zoning to allow a 2 foot side yard and a 2 foot rear yard instead of the required 7 foot side yard and 25 foot rear yard for a proposed 21 foot by 28 foot detached garage for property located in the R-2 Single Family Residential District at 3941 Lynn Avenue South. In as much as staff believes that only 2 of the required 7 criteria have been satisfied for the proposed variance, staff recommends approval of the enclosed Resolution denying the following requested variances: 1. A variance to Section 36-162(c)(7)2ii to allow a 2-foot side yard instead of the required 7 feet for the construction of a garage that exceeds 26 feet in width. 2. A variance to Section 36-162(c)(7)2ii to allow a 2-foot rear yard instead of the required 25 feet for the construction of a garage that exceeds 26 feet in width. If the Board of Zoning Appeals believes all 7 of the findings have been met, staff recommends conditioning the variances on: 1. The building be redesigned so that the southeast corner of the building would be notched in the same manner as the south west corner is proposed to be. (This would reduce the width of the wall against the rear property line to 23 feet, and thereby reduce the perception of a large building.) 2. The remaining enclosed area on the south side be constructed in such a manner that it could be removed once the handicap accessibility is no longer required. (Building Inspections has reviewed this option, and determined that the building could be constructed with this temporary enclosed area.) 3. The temporary enclosed area be removed once the handicap accessibility is no longer required. Commissioner Roberts asked Mr. Morrison if staff’s alternative suggestion of constructing a 26 foot wide garage would still meet City Code? St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 4 Mr. Morrison stated that the compromise would still be 28 feet wide so it still does need the variances but the East wall would be up to 26 feet which depends on how the applicants would like to design the garage. The impact on the neighbor’s would be the same essentially as a 23 foot wide garage because of the South wall, also that wall could be removed if the handicap area is no longer needed and the variance could be removed if needed. Commissioner Roberts asked if a variance would still be required with previously suggested staff’s alternative. Mr. Morrison stated that would still require a variance since it is 28 feet wide. Commissioner Powers asked Mr. Morrison if the applicant’s were to use staff’s recommendation would that allow an adequate amount of room around the vehicles? Mr. Morrison states she would be limited to having movement only from the door to the lift. Also, the applicants submitted proposal limits movement around the vehicle. Mr. Powers asked Mr. Morrison if he would be able to consider under the Sate Statute that the inability to maneuver in her own garage would be unfair. Mr. Morrison stated that he reviewed the State Statute and was unable to justify an argument. With no more questions, Vice Chair Burt opened the public hearing. Susan Fink, applicant of 3941 Lynn Avenue South stated she and her husband have lived in their home for 13 years and have enjoyed the home the two car garage until just recently. Five years ago she was involved in an automobile accident which caused permanent spinal cord injury and paralysis. In the past years of hard work she has been able to regain some movement and has slowly began learning how to drive a car. At this time, she is able to operate and drive a lift- assisted handicap van which requires space for the lift to open and close. The life-assisted van needs a little more room than a average vehicle due to the lift and the room which is needed to allow her to functionally move her chair for the proper position. At this time, they would like to utilize their existing two car garage for the ability of parking two cars but at this time they are not allowed due to the additional room the van will need. Also, winter will soon be coming and the cold and damp weather causes tightness in her muscles which causes her the inability of bending her legs, but feels if she were able to park her vehicle in the garage she will not experience the muscle tightness. In addition, a 26 foot wide garage would cause her to leave the side door open while the lift is operating, whereas the 28 foot wide garage would allow her to close the door and keep out the coldness while entering her vehicle. Dave Fink, applicant of 3941 Lynn Avenue South stated he would like to thank the Commissioners and staff for taking the time to meet with them. He would like to present three principles to the Commissioners. First, they would like to continue living in their home and St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 5 would like to express the need of entering and exiting their home with ease, so Susan can continue volunteering for the community without assistance from others. Second, they would like to have a design that the neighbors will support and astatically pleasing for the neighborhood. Third, is the cost containment. In addition, he doesn’t want to receive any sympathy he would just like to upgrade his home to assist their needs. Ms. Fink stated that she will need 5 feet of radius along with the opening of the door to be able to maneuver. Mr. Fink stated that the current garage is .9 feet off of the north lot line and 1 foot off of the east side line and the new garage would be placed further into his property. Jim Olson, neighbor at 3917 Lynn Avenue South stated he would like the Commission to know that he is in favor of the garage proposal. Nancy Nash, neighbor at 3932 Lynn Avenue South states that she has lived in the neighborhood since August of 1995 with her family and she would like the Fink’s to construct a useable garage. Jennifer Jacobson, neighbor at 3945 Lynn Avenue South stated she feels the additional space needed to construct the garage will not impair anyone and would like to see this variance granted. Also, she would like to see Susan have more accessibility to her vehicle which increases her freedom and independence. Susan Selder, neighbor at 3937 Lynn Avenue South states she would like the Commission to know that she and her family is in full support of the Fink’s proposal and would like to see the wider garage which will accommodate Susan and their needs. Steve Lerch, neighbor at 3940 Lynn Avenue South. He stated that his home is located directly behind the Fink’s proposed garage and would like the Commissioners to know that a additional amount of garage will not bother him. Also, he would like the Commissioners to know that Mr. Fink is a master gardener whom takes a lot of pride in a clean and organized yard. With no more questions, Vice Chair Burt closed the public hearing. Commissioner Powers stated he feels that the need for a larger garage is necessary for her and feels it is unlawful to deny the Fink’s the ability to properly use their two car garage. Commissioner Roberts states that a two car garage today has almost become a property right. In the past, Board of Zoning Appeals has granted variances for both side and rear yard setbacks to increase the size of garages because they needed an extra 2 feet. In this case, due to the situation if were to combine our city code with the State Statute she is being denied the property right of having a two car garage. St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 6 Commissioner Roberts would like to point out that there is not a encroachment with another neighbor since the existing nonconforming garage will be placed with a partially conforming garage with a 2 foot side and rear yard setback, which is a good thing for the neighborhood. Commissioner Burt stated staff has done a great job preparing this report and finding alternatives for the applicant’s. Although, he would like to point out that a hardship has been determined by the irregular size and shape of the lot and the difficulty of the structure. He feels that having the necessary run and slope to the ramp requiring the position of it to go straight back prevents the garage from being shifted more into the center of the yard and utilizing that 7 foot setback. Also, he feels there is a existing hardship with the way the existing structures are placed on the property and with the requirement of having the ramp come off the back of the home in such a fashion of where a straight line is needed. Also, he feels that safety could be an issue with staff’s recommendation of redesigning the southeast corner of the building by notching. Commissioner Burt stated he is in favor of granting the variance without redesigning the southeast corner to add a notch. Commissioner Roberts stated that in order for the lot to be conforming at the size which would be a 7 foot side yard setback and a 25 foot rear yard setback which would not allow the applicants to build a ramp for Ms. Fink’s disability which is a property right. Commissioner Powers stated he understands the purpose of city code restrictions but feels that the State Statute and the limitations of a smaller garage is a safety factor and would be in favor of granting the variance. Motion by Commissioner Powers, seconded by Commissioner Roberts, to approve Resolution No. 19-03 to allow a 2 foot side yard and a 2 foot rear yard instead of the required 7 foot side yard and 25 foot rear yard for a proposed 21 foot by 28 foot detached garage for the property of 3941 Lynn Avenue South. Motion Carried. Voting Yes: Burt, Powers and Roberts. Voting No: None. 5. Old Business None 6. New Business None 7. Communications None St. Louis Park City Council Meeting 050304 - 4e - BOZA Minutes of 12-3-03doc Page 7 8. Miscellaneous None 9. Adjournment Commissioner Roberts moved and Commissioner Powers seconded the motion for adjournment. The regular meeting of the Board of Zoning appeals adjourned at 7:50 p.m. Respectfully Submitted, Tara Olson Community Development Secretary St. Louis Park City Council Meeting 050304 - 4f - HRC Minutes of 2-18-04 Page 1 City of St. Louis Park Human Rights Commission Minutes – February 18, 2004 Westwood Room, City Hall Call to Order Chair Armbrecht called the meeting to order at 7:00 p.m. Present Commissioners: Matthew Armbrecht, Kristin Siegesmund, Seema Maddali, Kristen Edsall, Annie Gaffney, Julie Kirsch, Colleen Clark Staff: Martha McDonell, Commission Liaison Approval of Agenda The agenda was approved as presented. Approval of Minutes The minutes of January 21, 2004 were approved as presented. Commissioner Report Ms. McDonell reported that the City Council would be holding a board and commission recognition appreciation event on April 12th to which all commissioners were invited. Old Business A. Park & Rec Soccer Update Ms. Maddali reported that the Parks and Recreation Advisory Commission has started an in- house soccer program. She reported that Park & Rec Dept. was following open information procedures where she felt the SLP Soccer Association was not, this resulting in minorities being left out of soccer. B. 2004 Student Essay Contest Mr. Armbrecht suggested dividing the list of schools among commissioners to call each school to promote the essay contest. C. Review of Work Plan The commission agreed that they were on track with the work plan and the work they have been doing with the survey, events, and police liaison recruitment have been successful. They spoke St. Louis Park City Council Meeting 050304 - 4f - HRC Minutes of 2-18-04 Page 2 about possibilities of forums and future Cultural Compass meetings. The commission also discussed membership and involving interested persons in human rights activities. D. Distribution of Diversity Survey The commission discussed the questions on the survey, but did not receive a presentation on the distribution of it. E. Year End Report to City Council The item was deferred to the next meeting. New Business A. Hate Crime Report Ms. McDonell reported a hate crime experienced in a working environment. Ms. McDonell stated that the Hate Crimes Plan allowed them to send a letter to the individual. Set Agenda for Next Meeting The following items were placed on the next agenda: • 2004 Student Essay Contest • Diversity Survey • Year end report to City Council Adjournment The meeting was adjourned at 9:00 p.m. Respectfully submitted, Kim Olson Recording Secretary St. Louis Park City Council Meeting 050304 - 4g - HRC Minutes of 3-17-04 Page 1 City of St. Louis Park Human Rights Commission Minutes – March 17, 2004 Westwood Room, City Hall Call to Order Chair Armbrecht called the meeting to order at 7:05 p.m. Present Commissioners: Matthew Armbrecht, Kristin Siegesmund, Kristi Rudelius-Palmer, Annie Gaffney, Seema Maddali, Julie Kirsch, Kristen Edsall Staff: Martha McDonell, Commission Liaison Guest: Michael Roan Approval of Agenda The agenda was approved as presented. Approval of Minutes The commission discussed the last meeting for the benefit of the recording secretary. Commissioner Report Mr. Roan introduced himself and stated that he was present to observe. The commissioners introduced themselves and welcomed him. Ms. Gaffney gave a report on hate mail that had been sent to a specific neighborhood and she would give an update at the next meeting. Ms. McDonell inquired if anyone was willing to give a short update at the board and commission event. Mr. Armbrecht volunteered to give the report. Ms. McDonell stated that she spoke to the school district about getting a school appointment to the commission. Ms. Gaffney reported that she had contacted a few previous human rights award winners and inquired if they could help distribute with the survey. Ms. Gaffney designed a flyer to promote the survey. Ms. Rudelius-Palmer reported that Hennepin County Commissioner Gail Dorfman would be willing to attend and speak at a St. Louis Park Human Rights Commission meeting. She will invite Commissioner Dorfman to the May meeting. She was also interested in having a Children First representative attend a meeting to speak to them. St. Louis Park City Council Meeting 050304 - 4g - HRC Minutes of 3-17-04 Page 2 Ms. Rudelius-Palmer informed the commission that the MN League of Human Rights will be holding training sessions one weekend in April and anyone who is interested can attend. Ms. Maddali reported that she had met a woman who does a one-person show promoting diversity. She felt they could use it at future events and Ms. McDonell suggested having a performance at the Ice Cream Social. Ms. Siegesmund reported on a woman who has created a video on bullying in schools and the commission discussed organizing an event on this issue. Old Business A. 2004 Student Essay Contest Winner Ms. McDonell reported that they received one essay. Mr. Armbrecht clarified that this years question was how can you promote desegregation integration in our society or your school. Ms. Rudelius-Palmer inquired about their advertising methods this year. Ms. McDonell reported that the notified all the schools and even sent flyers to be put in the kids backpacks at several of the schools. She added that the essay they received came from one of those schools. The commission discussed how to increase participation and moving up the notification time to the teachers. Ms. Siegesmund felt the essayist addressed the issue appropriately and Ms. Maddali felt the student took the time and effort to enter the contest. Ms. Maddali felt that they should attend assemblies at each school and participate in award presentations. Ms. Gaffney would like to see local prizes given out. The commission declared the essayist the winner and would give the winner a gift certificate to a book store. B. Distribution of the Diversity Survey Mr. Armbrecht reported that the subcommittee is trying to stick to the timeline in the implementation plan. He stated that the subcommittee will be meeting in the next week with a person who develops these types of surveys. Ms. Siegesmund stated that they are meeting to discuss the best way to collect true data and the proper places to target to hand out the surveys. Even though they have limited funds to process the data collected, she would like to collect as much data as possible in the event they could obtain more funding in the future. Ms. Rudelius- Palmer stated that color coding the surveys could prove helpful so they could decipher where the surveys are being returned from. Ms. Siegesmund wanted to ensure they were targeting the right communities of people. She did not feel that the school was the right target group. Ms. Edsall stated that she can get translators for the when they distribute the surveys. She stated that they needed to make sure that they received the information in a compatible format from the consultant. Ms. Rudelius-Palmer summarized that they should focus on places of worship, ESL program, STEP, Park Nicollet & Health Partners, Meadowbrook Collaborative and Louisiana Court, St. Louis Park City Council Meeting 050304 - 4g - HRC Minutes of 3-17-04 Page 3 school social workers, library and post office. Ms. Rudelius- Palmer felt they should target worker groups in St. Louis Park such hotel and restaurant staff, retail stores and convenience stores. Mr. Armbrecht felt they needed to be sure to identify themselves. Ms. Rudelius-Palmer inquired who would distribute the surveys and how they should do it. Ms. Edsall volunteered to work a table. Ms. Siegesmund felt that in some areas it may be more appropriate to hold a meeting. Ms. Rudelius – Palmer felt the survey would be ready to go by the beginning of April. The commission discussed the details of the printing of the surveys. Ms. Rudelius-Palmer stated that the surveys must be submitted by April 15th. She added that she would like to have buttons for the commissioners and other volunteers. Ms. Maddali suggested handing out candy bars to the survey takers. New Business There was no new business to report. Set Agenda for Next Meeting The following items were placed on the next agenda: • Review draft of year end report to Council • INS Ordinance Update • Videotaping Initiative Adjournment The meeting was adjourned at 9:00 p.m. Respectfully submitted, Kim Olson Recording Secretary St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 1 4i. Motion to adopt a resolution calling for a public hearing by the City Council on the proposed establishment of the Talmud Torah Tax Increment Financing District within Redevelopment Project No. 1 (A Housing District). Background: The EDA/Council reviewed the preliminary TIF application from Stonebridge Development for a senior cooperative housing project at its December 8, 2003 and February 20, 2004 study sessions. The developer’s revised TIF application was discussed at the April 26, 2004 study session. As a result of this discussion, staff was asked to take steps to move the project forward. These steps include conducting a neighborhood meeting, negotiating a development contract and beginning the process for creating a tax increment district. A Comp Plan amendment and PUD application would also need to be submitted to the City for consideration. Stonebridge Development has signed a purchase agreement for the currently vacant Talmud Torah School property located at 8200 West 33rd Street. The Developer plans to demolish the existing school building and construct a 122 unit senior housing development in its place. The housing development would be structured as a limited equity cooperative; a housing option not currently available in St. Louis Park. The 170,000 square foot building would be “U” shaped, and have three and four stories that would be tiered away from West 33rd Street. Unit sizes would range from 902 SF (1-bedroom) to 1,457 SF (2 bedrooms & den). Most units would have balconies and storage space would be provided on each floor. The senior facility would feature a craft room, party room, exercise room, library, guest suite, and a workshop. Underground parking would also be provided. In its Revised TIF Application, the Developer requested $1,077,500 tax incremental financing to assist with costs associated with the purchase of the property, demolition of the former school building which contains asbestos, and maintenance of a traffic signal at 33rd and Texas Ave. The EDA’s financial consultant, Ehlers and Associates, reviewed the Developer’s revised proforma and determined that $1,077,500 of assistance was warranted. The proposed project generates the requested TIF amount in 9 years (on a net present value, pay-as-you-go basis using a 5.75% interest rate and no inflation) largely because the current property is tax exempt. The estimated current value of the vacant Talmud Torah school site is $1,947,000. The projected value of the property upon completion of the proposed redevelopment project is $16,643,850. This is a ratio of nearly 1:9 which is a significant increase in tax base. Additionally, the project would generate approximately $230,214 annually in new property taxes. Given the current property is tax exempt, the proposed redevelopment creates a substantially higher ratio of property taxes paid before and after redevelopment. At the April 26th Study Session, staff and the EDA’s financial consultant were asked to elaborate on how the proposed project meets the statutory “but-for” test. Attached is a Memo from Ehlers & Associates that addresses this question. St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 2 Calling for the public hearing will allow the Council to take the appropriate steps to establish a new Housing TIF District for this project. The TIF hearing is scheduled to be held on August 2, 2004. Attachments: Resolution TIF Schedule Prepared by: Greg Hunt, Economic Development Coordinator Approved by: Tom Harmening, City Manager St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 3 To: Greg Hunt, City of St. Louis Park From: Mark Ruff & Stacie Kvilvang Date: May 9, 2018 Subject: But For Test for the Talmud Torah Redevelopment The City Council has requested that we provide additional financial data for them to consider as they evaluate the proposed redevelopment of the Talmud Torah site. Specifically, the City Council is concerned about the validity of the “but for” test on this site. As background, the “but for” test is found in Minnesota Statutes, Section 469.175, subdivision (3)(b)(2). When the City approves the TIF district after a public hearing, certain findings are required in the approving resolution. One of the findings relates to the “but for” test. The two parts to the “but for” test in the statute are as follows: 2) that, in the opinion of the municipality: (i) the proposed development or redevelopment would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future; and (ii) the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the plan. The requirements of this item do not apply if the district is a qualified housing district; Both of these tests are reasonable expectations test. The Council must have evidence to support its findings. However, the evidence does not need to be irrefutable. As we discussed in the Council work session, the City is being asked in the “but for” tests to predict the future. Reasonable people can disagree about what the future holds. The first “but for” test asks if this project could occur solely through private investment. Without the TIF, the project would have $1,077,500 less in funds. This would mean that the land would have to be sold for under $900,000 rather than $1,900,000; the developer fee would need to be $0; construction costs would need to be lower; or that the cooperative buyers would need to put more funds in up-front. Because we have the “look back” provision, lower construction costs would mean that the City reduces its TIF. We have determined that the developer fee is reasonable given industry standards. The professional market study firm has indicated that the prices of the units in this location cannot be any higher. Therefore, the only way that this project could go forward without public funds is if the land cost were lower. Given MEMO St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 4 that the assessor has valued the property at $1,947,000 and an appraisal done for the school district two years ago showed the value at $2,750,000, it is unlikely that the land cost will be lower in the near future. The second “but for” test, also known as the market value “but for” test, includes a convoluted formula. The real dollars for this project plugged into that formula are as follows: New assessor’s market value for housing after completion: $16,600,000 Existing market value: $1,900,000. Difference or increase in market value in TIF district: $14,700,000 Present value of TIF assuming maximum term of district is 9 years: $1,200,000 (The reason $1,200,000 is used for the TIF is that the City will collect some administrative costs on top of the developer’s assistance) Expected increased market value of other development during next 9 years is less than $14,700,000-$1,200,000 or $13,500,000. The City must then expect that no other development during the next nine years will increase the market value by more than $13,500,000. Logically, the other uses for this building could be another institutional use, which would not increase the market value substantially. A rental housing development would have a total market value of under $10,000,000 and is not likely to be viable given the cost of the land. The only alternative use with a similar market value to the proposed project would be an owner-occupied condominium project. There has been a great deal of discussion on the topic of condominiums to date. Certainly more discussion and data are warranted. It has been our experience that certain areas cannot support condo sales prices above a certain level. We are working with a first ring suburb which is trying to assist a condominium project in a neighborhood in transition. Even with free land, the developer is not able to get financing for the project. It would be worthwhile to receive more evidence from a professional market study firm on the issues of condos and the pricing for the limited equity cooperatives. The market study will also need evaluate the viability of condos on this site given the fact that St. Louis Park has over 500 condo units in process among the Park Shores, Excelsior & Grand, and Rottlund projects. To support the evidence for the Council findings prior to the public hearing, we recommend that Maxfield Research write a letter specifically stating: 1. The proposed pricing for the cooperative units cannot be any higher due to market conditions. This eliminates any concern about the first “but for” test. 2. To address the second “but for” test, Maxfield should offer an opinion that a condominium project is not feasible on this site for the foreseeable future given the immediate neighborhood values and the greater St. Louis Park supply of condos. Please let us know if you require more background on the topic of the “but for” tests. Other background data or evidence for Council consideration could be gathered prior to the public hearing on the TIF district. St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 5 CITY OF ST. LOUIS PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 04-059 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, THE PROPOSED ESTABLISHMENT OF THE TALMUD TORAH TAX INCREMENT FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of St. Louis Park, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 2, 2004, at approximately 7:30 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for Redevelopment Project No. 1 (the "Redevelopment Plan Modification"), the proposed establishment of the Talmud Torah Tax Increment Financing District (a housing district), and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefore (the Redevelopment Plan Modification, and TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing jurisdictions including Hennepin County and St. Louis Park School District No. 283. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 2, 2004, and to place a copy of the Plans on file in the Economic Development Coordinator's office at City Hall and to make such copy available for inspection by the public. Reviewed for Administration Adopted by the City Council May 3, 2004: _________________________________ _________________________________ City Manager Jeff Jacobs, Mayor ATTEST: _______________________________ Cynthia Reichert, City Clerk St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 6 SCHEDULE OF EVENTS ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF THE TALMUD TORAH TAX INCREMENT FINANCING DISTRICT (a housing district) Draft as of April 28, 2004 May 3, 2004 EDA requests that the City Council call for a public hearing. May 3, 2004 City Council calls for a public hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Talmud Torah Tax Increment Financing District. May 18, 2004 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. June 1, 2004 Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in the TIF District. June 18, 2004* Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers & Associates to fax & mail on June 18, 2004] June 22, 2004 Letter received by County Commissioner giving notice of potential housing tax increment financing district (at least 30 days prior to publication of public hearing notice). [Ehlers & Associates to fax & mail on June 21, 2004] July 2, 2004 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers & Associates to fax & mail on July 1, 2004] July 14, 2004 Ehlers & Associates conducts internal review of the Plans. St. Louis Park Economic Development Authority 050304 - 4i -Talmud Torah TIF District Page 7 July 21, 2004 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. SCHEDULE OF EVENTS – PAGE 2 ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF THE TALMUD TORAH TAX INCREMENT FINANCING DISTRICT (a housing district) July 22, 2004 Date of publication of hearing notice and map for tax increment financing district and a business subsidy agreement and map (at least 10 days but not more than 30 days prior to hearing). [Sun Sailor publication deadline July 15, 2004 - City to submit notice & map – (Ehlers & Associates to provide language to City for notice by July 9th)] August 2, 2004 EDA adopts a resolution approving a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Talmud Torah Tax Increment Financing District. August 2, 2004 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the establishment of the Talmud Torah Tax Increment Financing District and passes resolution approving the Plans. [Ehlers & Associates will mail final Council packet information to the City by July 21, 2004] _______________, 2004 Ehlers & Associates files Plans with the MN Department of Revenue and requests certification of the TIF District from Hennepin County. *If City staff believes that the proposed tax increment financing district will not require unplanned county road improvements, the TIF Plan will not need to be forwarded to the County Board 45 days prior to the public hearing. The County Board, by law, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 1 6a. Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement. Case Nos 04-12-S & 04-13-VAC 2545 Huntington Ave S Recommended Action: • Motion to adopt a resolution approving the preliminary and final plat for Biltmore Addition subject to conditions as recommended by staff. • Mayor to close the public hearing. Motion to approve First Reading of the proposed ordinance vacating the utility easement at 2545 Huntington Ave S and set Second Reading for May 17, 2004. Zoning: R1, Single-Family Residential Comprehensive Plan Designation: Low Density Residential Lot 1 Lot 2 Lot 3 Lot Area Required 9,000 sq. ft 9,000 sq. ft 9,000 sq. ft Lot Area Proposed 9,881 sq. ft 9,740 sq. ft 12,155 sq. ft Lot Width Required 75 feet 75 feet 85 feet Lot Width Proposed 75 feet 75 feet 85 feet Lot Density- Maximum Permitted 5 units per acre 5 units per acre 5 units per acre Lot Density Proposed 4.35 units per acre 4.55 units per acre 3.57 units per acre Background: Charles Stinson is applying for preliminary and final plat approval to split the above property into three single-family parcels. The existing single family property is approximately 32,347 square feet (3/4 of an acre). It is a corner “through” lot located in the northeast quadrant of the City, and is bordered by France Ave. to the east, 26th St. W. to the south, and Huntington Ave S to the west. Single family homes are located to the north, west and south sides of the subject property. A Minneapolis park is located directly east across France Ave. The existing parcel contains 4 underlying lots. These 4 lots were combined and developed with a single family home prior to 1949, however this home was destroyed by fire in 1988, and the property has since remained vacant. On January 21, 2004, the Planning Commission held a public hearing and considered a different application from Charles Stinson for a 3-lot subdivision which required a subdivision variance to the lot width requirement for one of the lots. Staff and the Planning Commission recommended denial of the variance and therefore that plat. The applicant waived the 60-day review rule and St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 2 requested that the subdivision with variance proposal be put on hold while he considered options. He subsequently submitted the proposal now before the City Council, which does not require any variances. On April 7, 2004, the Planning Commission held a public hearing on this item and heard testimony from residents who were in opposition to the subdivision (See Planning Commission Minute Excerpts). Two letters of opposition were also received from the neighboring residents (these are attached). The Planning Commission voted 6 -0 to recommend approval of the subdivision because the proposal meets code requirements. The Planning Commission also recommended approval to vacate the utility easement. Issues: • Are all Subdivision Ordinance requirements met for Preliminary and Final plat? • Are all Zoning Ordinance requirements met for the Plat? • Is the proposed utility easement vacation acceptable? • Are there any other issues regarding the proposed plat? Issues Analysis: • Are all Subdivision Ordinance requirements met for Preliminary and Final plat? As the plans show, the subdivision proposes to divide one single-family parcel into three lots. The largest, a rectangular corner lot, is proposed at the corner of France and 26th St with driveway access off of France Ave in a location similar to the existing driveway. Two triangular lots are also proposed, one fronting on Huntington Ave and the other on 26th St (See attached site plan). The Subdivision Ordinance states that the City may agree to review the preliminary and final plats simultaneously. Staff and the Planning Commission believe that it is appropriate in this case to combine the approval process as it involves the subdivision of one existing parcel located on improved streets. Submittal requirements: The Subdivision Ordinance outlines the specific data requirements for final plats, including name of the subdivision; location of all monuments; location, width, and type of all easements to be dedicated; statement dedicating easements; owner’s policy of title insurance; and the type of certification required. Title insurance must name the City to insure that the city’s interests, such as easements, are secure. If all of the easements are dedicated on the plat, title insurance naming the City can be waived. Staff and the Planning Commission believe it is appropriate in this case to waive title insurance. However, the Biltmore Addition preliminary and final plat drawings currently do not reflect the sidewalk easements nor do they contain a statement dedicating the easements. Therefore, if the subdivision is approved, these easements would be required prior to the City signing the final plat. Grading and utility plan: The Public Works Director and Utilities Superintendent reviewed the grading and utility plans and returned the following comments: St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 3 1. The proposed turn around for the driveway on Lot 2 is adequate (Please refer to the “other issues” on page 5 for more discussion on this ) 2. The Public Works Department recommends a 6 foot wide sidewalk instead of an 8 foot wide bituminous trail along France Avenue because the City has plans to add a bike trail on France Ave with future road improvements. The Public Works Department also recommends the pedestrian ramp at the intersection of 26th and France be removed. Upon closer review staff believes the crossing at Huntington and 26th St would be safer. 3. A City erosion control permit will be required. This will include a short-term erosion control plan and a permanent stabilization plan. The proposed silt fence placement needs some revisions (i.e. there is no entrance/exit point). 4. Each house must have an independent connection from the city main within its property lines. Also, the unused utility services (sewer & water stubs) must be disconnected at the city main. The construction utility plan must indicate this. Comments from other agencies: The proposed plans were distributed to Hennepin County, the utility companies, and the watershed district for review. Qwest responded that they have a buried cable within the right-of- way, but it should not be affected by this proposal. Minnehaha Creek Watershed District commented that a stormwater management permit or Board approval will not be required. Hennepin County initially indicated they would like to see the driveway on Lot 3 moved to 26th St W, however, due to safety concerns with a driveway so close (less than 50 feet) to the curve at 26th and France stated they would be comfortable leaving the driveway as is. No other comments were received. Design standards: The Subdivision Ordinance requires certain design standards related to lots, blocks, streets, and landscaping. The proposed plat meets these standards. Sidewalks & boulevards: The Subdivision Ordinance requires that a 5-foot sidewalk with a 5– foot boulevard between the sidewalk and street be constructed along all public ways adjacent to new subdivisions. The preliminary plat proposes this sidewalk along Huntington Ave and 26th St.. An 8 foot bituminous trail is proposed along France Ave. However as stated above, staff and the Planning Commission recommend a 6 foot sidewalk be placed along France Ave instead (the developer has agreed to this revision). Portions of the sidewalk are proposed to be located within private property, therefore as indicated earlier, sidewalk easements will be required by a separate document prior to the City signing the final plat. Staff and the Planning Commission recommend details for the sidewalk and trail be approved by Public Works prior to building permit approvals. Right-of-way: A portion of the existing property encroaches into the intersection at France Ave and 26th St. Staff and the Planning Commission recommend that this be dedicated as street right- of-way. The proposed plat does show this as right-of-way and staff will verify that it is accurately dedicated on the final plat. Tree Preservation plan: The tree preservation plans and tree replacement proposal have been submitted. It appears tree replacement requirements have been met, however some corrections St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 4 to the tree replacement calculations need to be made on the final plan (i.e. tree replacement requirements must be calculated separately for trees removed from public vs. private land). The City Forester reviewed the proposed plans and recommended tree protection specifications be submitted and approved by the City Forester prior to any site work. He was somewhat concerned with the White Oak that is proposed to be saved but would be willing to consult with the developer to ensure its survival. Park and trail dedication: Since the proposed replatting does involve creation of two additional lots, park and trail land dedication or a cash contribution to the City’s park fund will be required. The Park and Recreation Board reviewed the proposal and recommended the land dedication be waived in favor of a cash contribution. Based upon the addition of two lots, $2025.00 would be required. If approved, this would be required prior to the City signing the final plat. • Does the request comply with all zoning requirements? The property is zoned R-1, Single Family Residential. Final building and site plans will have to be submitted with the building permit and will have to be approved by the Zoning Administrator as meeting all ordinance requirements including setbacks, height, ground floor area, usable open space, etc. The proposed development plans appear to meet most of these requirements, except as follows: One provision of the zoning ordinance requires that the total area in the front yard improved for parking and driveway purposes shall not exceed 30% of the front yard area, and that the average width of a driveway shall not be more than 22 feet. The proposed driveways or “auto courts” on Lots 2 & 3 appear to meet this requirement. However, the driveway/ “auto court” on Lot 1 averages more than 22 feet in width. The applicant is working on narrowing the width to meet ordinance requirements. If the subdivision is approved, this will be reviewed more closely at the time of building permit approval to ensure compliance. Upon reviewing the proposed plans staff found the following setback encroachments. The applicant is aware of these encroachments and has agreed to revise the plans to meet all requirements. • A proposed patio/court on Lot 3 is encroaching into the side yard abutting a street. As patios are not a permitted encroachment into yards abutting a street it will have to be setback 15 feet. In addition, the patio on Lot 1 cannot exceed the required 2 foot setback. It appears to meet this but staff and the Planning Commission recommend the developer verify this at the time they submit building permit plans. • The window well on Lot 3 must be setback 3 feet from the interior side yard. The proposed well appears to be at 2 feet. • The interior side yard required for Lot 3 is 6 feet for the first 40 feet of wall length and an additional 2 inches for each foot over 40 feet. The building wall is proposed to be approximately 87 feet long. Therefore, that portion of wall extending beyond the first 40 feet has a 14 foot side yard requirement. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 5 • The third garage stall on Lot 3 is not serviced by a driveway/”auto court”. A driveway cannot be extended to the third stall as proposed because it will encroach into the required open space. This can be addressed by removing the third stall, or moving the garage closer to France Ave. Either option would also address the interior side yard encroachment identified above. • Is the proposed utility easement vacation acceptable? The developer is requesting to vacate an existing utility easement (Doc # 241965) that runs north/south through the center of the existing parcel. This easement would be replaced with new drainage and utility easements along the new lot lines. There are no utilities located within the existing easement. Public Works has reviewed the request and has stated that it is acceptable. • Are there any other issues regarding the proposed plat? Lot 2, the parcel fronting on 26th St., is proposed to have its driveway access on 26th St. Staff has heard concerns with this as the intersection at 26th St. and France Ave. is regarded as unsafe. In reviewing the proposed plans staff has determined that the proposed driveway does meet the City’s distance standards requiring access points to be 50 feet from all intersections (the driveway is approximately 70 feet from 26th & France and 100 feet from Huntington & 26th). It is also located far enough away from the bus stop at the corner of 26th and Huntington so that a bus stopped at the corner would not block the driveway. At staff’s request, the developer also included a turnaround in the driveway to limit the number of vehicles backing onto 26th. There are a number of evergreen trees and shrubs currently located at the curve of the intersection. This vegetation would be removed as a result of the subdivision. Therefore, staff and the Planning Commission believe the proposed subdivision would improve visibility and sight distances at the corner. Independent of this application, Public Works has been doing a study of the 26th St. and France Ave. intersection. They have conducted a delay study and looked at accident data. Apparently, there have not been a lot of documented accidents here (1 in the past 3 years according to police reports). Staff recognizes that people feel this is an unsafe intersection and agrees that it is not the best design from a safety perspective. Public Works staff are looking at options to possibly redesign the intersection so that 26th St. “tees” into France Ave. This could be completed in conjunction with future City improvements on France Ave, if the road is turned back to the City; or it could be considered as a stand alone project. This would require permit approval from the County, but the turnback would not be necessary to complete the work. Staff does not feel a separate traffic study is warranted for this proposal because the change in traffic volumes would be almost negligible, given the subdivision is so small. In addition, Public Works is already studying traffic and intersection re-design. Recommendation: St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 6 Staff and the Planning Commission recommend approval of the preliminary and final plat approval and vacation of a utility easement for the Biltmore Addition subject to the conditions stated in the resolution. Attachments: • Proposed Resolution & Easement Documents • April 7, 2004, Planning Commission Minute Excerpts • Existing Conditions Airphoto (Supplement) • Proposed Preliminary and Final Plats (Supplement) • Proposed Development Plans (Supplement) • Letters (Supplement) Prepared by: Julie Grove, Associate Planner Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 7 ORDINANCE NO.___________ AN ORDINANCE VACATING UTILITY EASEMENT 2545 HUNTINGTON AVENUE SOUTH 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 utility easement proposed to be vacated has been filed. The notice of said petition has been published, the St. Louis Park Sailor, on April 22, 2004, and the City Council has conducted a public hearing upon said petition and has determined that the utility easement is not needed for public purposes, and that it is for the best interest of the public that said utility easement be vacated. Section 2. The following described utility easement, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: Rear 5 feet of Lots 4, 5, 6,& 7, Block 6, “Basswood”, Hennepin County, Minnesota Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. ___________________________ ____________________________ Adopted by the City Council May 17, 2004 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 8 RESOLUTION NO. RESOLUTION GIVING APPROVAL FOR PRELIMINARY AND FINAL PLAT OF BILTMORE ADDITION BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Biltmore Land Group LLC., owner and subdivider of the land proposed to be platted as Biltmore Addition has submitted an application for approval of preliminary and final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed preliminary and final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to-wit: Lots 4, 5, 6 & 7, Block 6, “Basswood”, Hennepin County, Minnesota Conclusion plat of Biltmore Addition is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the Official Exhibits, which shall be revised prior to signing to meet the recommended conditions. B. Before a final plat is signed by the City, the developer shall comply with the following requirements: 1. Dedication of sidewalk and trail easements, and drainage and utility easements. 2. Final plat documents shall show dedication of the corner of West 26th Street as right-of- way. 3. A development agreement shall be executed between the developer and the City, which covers at a minimum, sidewalk construction and maintenance; tree replacement; restoration of curbs, boulevards and trails; and repair and cleaning of public streets. The Mayor and City Manager are authorized to execute this agreement. 4. Financial security in the form of cash escrow in the amount of $1000 to ensure the City receives a reproducible tracing of the final plat showing evidence of recording; such escrow to be returned upon receipt of the reproducible tracing (mylar). 5. Submit financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of tree replacement, landscaping, public sidewalk installation and repair/cleaning of public streets and utilities. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 9 6. Submit park and trail dedication as required per Ordinance and reimburse City for City Attorney fees in drafting/reviewing the development agreement. 7. Submit a letter formally withdrawing the previous application for a subdivision with variance. C. Within 60 days of final plat approval by the City Council, the subdivider shall record the final plat with the County Recorder. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. D. Prior to any site work, the developer shall meet the following requirements: 1. Revised tree preservation plan, and site plan incorporating a sidewalk along France and meeting zoning requirements must be submitted and approved by the Zoning Administrator. 2. A permit shall be obtained from Hennepin County and any other necessary permits from other agencies shall be obtained. 3. A copy of any Watershed District permit(s) shall be forwarded to the City, if required. 4. Sign Assent form and official exhibits. 5. Meet conditions of City signing final plat. 6. Details for tree protection and erosion control fencing must be submitted to the City. Required tree protection and erosion control fencing must be installed and approved by the City Forester prior to any grading activities. E. Prior to issuance of any building permits, which may impose additional requirements, the developer shall comply with the following: 1. Revised final grading plans shall be submitted to the City. Grading plans shall comply with all of the requirements of the Public Works Department. 2. Final utility plans shall be submitted City which incorporate changes required by the Utilities Superintendent. 3. The subdivider shall furnish the City with evidence of recording of the final plat and sidewalk and trail easements. 4. The developer shall supply the City with copies of all necessary permits from other governmental agencies or bodies prior to any site work, including the Minnehaha Creek Watershed District and Hennepin County. 5. Meet any Fire Department emergency access requirements. 6. Required erosion control permits, utility permits or other required permits, shall be obtained from the City. 7. The proposed site development, and all site improvements, shall comply in all respects to the zoning ordinance including but not limited to setback and driveway requirements. F. The developer shall comply with the following conditions during construction: 1. All City noise ordinances shall be complied with, including that there be no construction activity between the hours of 7 p.m. and 7 a.m. on weekdays and 5 p.m. and 9 a.m. on weekends and holidays. 2. The site shall be kept free of dust and debris that could blow onto neighboring properties. 3. Public streets shall be maintained free of dirt and shall be cleaned as necessary. 4. The Zoning Administrator may impose additional conditions if it becomes necessary in order to mitigate the impact of construction on surrounding properties. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 10 G. Prior to issuance of an occupancy permit: 1. Five-foot concrete sidewalk along W 26th and Huntington and an 6 foot concrete sidewalk along France Avenue adjacent to the proposed lots is to be installed in accordance with plans approved by the City Engineer. 2. Completion of all site and exterior building improvements including tree replacement, ground cover and exterior building materials unless financial sureties are received to cover 125% of completion in accordance with Code and all improvements are complete within one year of issuance of the building permit. 3. Meet all building and fire code requirements for occupancy. H. The developer or property owners(s) shall pay an administrative fine of $750 per violation of any condition of this approval. provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 26-123(1)j of the St. Louis Park Ordinance Code, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 3, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 11 Unofficial Minutes Excerpts St. Louis Park Planning Commission April 7, 2004 B. Case No. 04-12-S and 04-13-VAC—Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement for property located at 2545 Huntington Ave. S. Julie Grove, Associate Planner, presented a staff report. The applicant, Charles Stinson, is applying for preliminary and final plat approval to split the property into three single-family parcels. Ms. Grove stated that on January 21, 2004 the Planning Commission held a public hearing and considered a different application from Mr. Stinson for a 3-lot subdivision which required a variance to the lot width requirements for one of the lots. Staff and the Planning Commission recommended denial of the variance and therefore the plat. Ms. Grove said that the applicant waived the 60-day review rule and requested that the subdivision with variance proposal be put on hold while he considered options. Mr. Stinson subsequently submitted the current proposal, which does not require any variances. Ms. Grove reported that two of the proposed lots are triangular lots. The lot on the corner of 26th St. and France is a rectangular lot. Lots 1 and 2 are triangular lots. Lot 1 fronts along Huntington Ave. and Lot 2 fronts along 26th Ave. Ms. Grove said that the lots do meet the subdivision and zoning ordinance width requirements. The proposed lot area requirements are also met. Ms. Grove explained the applicant has agreed to revise plans to meet setback requirements. Ms. Grove said that the Public Works Dept. has reviewed the request for a utility easement vacation and has found the request to be acceptable. Ms. Grove discussed the proposed driveway for Lot 2 on 26th Ave. The driveway does meet the City’s distance standards from intersections. The driveway is located far enough away from the bus stop at the corner of 26th and Huntington so that a bus stopped at the corner would not block the driveway. The developer added a turnaround into the driveway itself to limit vehicles backing onto 26th St. Ms. Grove mentioned that vegetation at the curve of the intersection would be removed, improving visibility and sight distances at the corner. Ms. Grove discussed the study by the Public Works Dept. of the 26th St. and France Ave. intersection. Ms. Grove said two letters were received from residents in opposition to the subdivision. The letters dated April 5, 2004, from Beverlee L.R.Fine, 2530 France Ave. S. and James and Renee Gainsley, 2625 Inglewood Ave. S., were distributed to the Commission. Ms. Fine’s letter expressed disappointment that the meeting of the Commission was scheduled on Passover. Ms. Fine said she did not believe the applicant’s request should be granted for the following reasons: St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 12 1) Her parents originally developed the adjacent property in the 1950s with the understanding that there would be only a single home next door; 2) The properties surrounding the property are all large homes and it is not consistent with the neighborhood; 3) A driveway on the 26th Street side is hazardous as it has blind turns and there could be accidents there; 4) It causes undue hardship on the community as it will devalue all of our properties and make living arrangements less comfortable. Ms. Fine stated that the project as outlined would be developed at the expense of the community. James and Renee Gainsley’s letter, 2625 Inglewood Ave. S., stated that the proposed land use will be perceived as overbuilding. They expressed opposition to platting irregular shaped lots when there is no physical need to do so. They stated they believe the best development for the area would be a single lot and secondly, two lots. They find three lots to be over the top. Charles Stinson, owner and architect, said the goal is to have a good project for all parties involved. He said the current proposal is the result of lengthy research and consultation. It is the best solution that does not require a variance. He explained that safety considerations were considered. Mr. Stinson stated that Shane Coen, the landscape architect, agreed with all proposed conditions of approval Chair Robertson thanked the applicant for the architectural drawings which were provided to the Commission. Chair Robertson opened the public hearing. Wayne Jenkins, 2106 Huntington Ave., asked how deep into the triangular lot the 75 ft. width has been met. He also asked for a definition of the setback. Ms. Grove responded she believes it has to be 1/3 of the depth of the lot and it has to be at the setback. Ms. Jeremiah added that the required lot width has to be maintained at least 30 ft. back from the front property line. The two triangular lots maintain at least 75 ft. to a depth of 65 ft., approximately. Mr. Jenkins asked if it is common to divide a lot triangularly to accommodate a developer, in spite of the character of a neighborhood. Ms. Jeremiah stated that much of the development in the City occurred many years ago, but there are a fair number of triangular shaped lots in the City in many different situations. She explained that some of these lots resulted from angled streets, some were at the end of cul-de-sacs, and some were subdivisions. Ms. Grove presented some examples. Mr. Jenkins said the examples provided seemed to be related to the street design, not with the desire to maximize the potential of the property. Chair Robertson said the zoning code doesn’t require rectilinear lots. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 13 Mr. Jenkins asked if the code requires subdivisions to be consistent with the character of the neighborhood. Chair Robertson responded that is part of it, but in a large tract of land it isn’t visually obvious where lot lines are located. He suggested that more important than looking at the scale of the neighborhood is density and scale of the buildings. The actual shape of a lot is a little arbitrary. There are no regulations requiring a lot to be four sided. Mr. Jenkins said his understanding of a corner lot and 10 feet required for a corner lot in a subdivision is an issue of safety and sight line. Chair Robertson said it is an issue of putting in sidewalk which is required by the subdivision and yet not reducing the buildable width of the lot. Mr. Jenkins asked if a triangular lot basically defeats safety concerns. Chair Robertson said it’s the setbacks from the side and front which determine visibility. He said the width of the lot doesn’t affect visibility. Robert Warshawsky, 2616 Glenhurst Ave. S., stated that April 7 is a Jewish holiday which doesn’t end until sundown. He said the majority of people surrounding the property were not able to attend the meeting. He said it was poor planning to hold the meeting when it involves a neighborhood opposed at a time when they cannot attend. Ms. Jeremiah said the parties who voiced concern about the Planning Commission meeting date were made aware of the upcoming City Council date, as another opportunity to discuss the request. In response to Commissioner Morris’ question about meetings scheduled during Passover, Ms. Jeremiah responded that April 5 and April 6 were recognized as part of the Jewish Passover holiday and City meetings were not scheduled on those dates. It was staff’s understanding that meetings could be scheduled on April 7. Chair Robertson said the Planning Commission is only a recommending body and the Council makes the final determination on a request. Joshua Schneck, said 3912 W. 25th St., stated that it is hard to say when possible improvements to the intersection would be made. He said currently the intersection is pretty dangerous. He asked if safety issues were addressed by the Planning Commission. Chair Robertson said safety issues are taken into consideration by the Commission. Mr. Schneck said he understood that legal requirements for the subdivision were met. He asked if the requirements were put in place to foster public safety and minimize accidents. He said the development will make the intersection more dangerous and there is no guarantee that the improvements will ever happen. St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 14 Ms. Jeremiah stated that the changes to the intersection are in the study stage. She said the study began prior to the development proposal. Very active work is being done with the County to determine the most appropriate situation. She said it is a current concern and the City is interested in addressing it regardless of whether or not the proposal takes place. Commissioner Morris said the Commission does consider safety issues surrounding a development site. He commented on the intersection problems having to do more with grade in the winter and visibility problems in the summer than with any development on the site. Mr. Schneck said there was no doubt in his mind that the development would aggravate the intersection situation. As no one else was present who wished to speak, Chair Robertson closed the public hearing. Commissioner Johnston-Madison asked if the applicant worked with the neighborhood on the current proposal. Mr. Stinson responded that they worked with the neighborhood on the first plan but did not work with the neighborhood on the current proposal. He said there wasn’t a spirit of cooperation with the neighborhood and a neighborhood meeting did not seem to be productive for the second proposal. He said in the current proposal they were able to respond to two of the neighborhood concerns from the first proposal. The current proposal has one garage on Huntington Ave. rather than two garages. The homes will be designed differently, addressing the neighborhood’s concern that they would resemble townhomes. Mr. Stinson said St. Louis Park is the first community they have worked in where a neighborhood meeting was held on one of their projects. He said it was not a positive experience as there wasn’t a dialogue. He suggested perhaps in another format, including City involvement, it would be more beneficial. Mr. Robertson said neighborhood meetings are a valuable tool and are becoming more popular in many communities. Commissioner Timian said he felt the applicant has done a nice job of changing the plans and making accommodations with the space. He said he appreciated the work the applicant has done on the current proposal. Commissioner Gothberg said he would endorse the staff recommendations. He stated that the developer has made some changes which are more positive compared to the first proposal. He commented to the residents that the City Council will be interested in whether the neighborhood feels the second plan is better than the first plan. Commissioner Carper said he felt the developer has done an excellent job in taking the lot purchase and dividing it into three lots. He commented that the variance approach was also innovative. Commissioner Carper said he also understood the neighborhood reaction to either plan. He said he is dismayed that a developer can take a platted lot and do various types of geometry to divide it. He said there may be more of this kind of geometry in that neighborhood St. Louis Park City Council Meeting 050304 - 6a - Biltmore Addition Prelim. & Final Plat Page 15 in the future. He commented that one development is a small change, but if it continues, it will change the density and the look of the neighborhood. Commissioner Carper recommended that those in opposition to the proposal speak with their Councilmembers. The only way it could be prevented in the future would be an ordinance change. Commissioner Carper said he is dismayed by the proposal but that he will be supporting it as it can’t be denied with the current ordinance. Commissioner Johnston-Madison said she had mixed emotions about the project. She said Mr. Stinson has an excellent reputation. She believes the residences will be excellent. Commissioner Johnston-Madison said the examples of triangular lots in the City presented by staff are not the same type of housing as the proposal. She said the feeling of the street will change with the three homes. She said there is no basis for denying the application. She said the proposal is probably the best use of the property other than having two homes. Commissioner Johnston-Madison encouraged residents to talk to their Councilmembers. She also encouraged residents to work with developers. Commissioner Johnston-Madison asked if there was any precedent for denying the request. Ms. Jeremiah said that the City Attorney has been consulted and concurs with the staff recommendation since the proposal does meet the ordinance requirements. Commissioner Morris commented that there have been situations where the Planning Commission unanimously voted against plans which were later approved by the City Council. He said as pointed out by the Chair, the Planning Commission is an advisory body. Commissioner Morris made a motion to recommend approval of the preliminary and final plat for Biltmore Addition subject to conditions recommended by staff and to recommend approval of an ordinance vacating the utility easement at 2545 Huntington Ave. S. The motion passed on a vote of 6-0. Commissioner Gothberg offered copies of the architectural overview to residents. St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 1 6b. Public hearing to consider request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park Qwest Corporation is requesting a 10-foot by 4.3-foot easement along the northern boundary of Bronx Park along West 29th Street. Case No. 04-21-RE Recommended Action: Mayor to close public hearing. Motion to approve second reading of ordinance granting a utility easement within a portion of Bronx Park, approve summary publication and authorize publication. Background: On April 12, 2004, the City Council considered first reading of a request from Qwest Corporation for a 10-foot by 4.3-foot easement over City property (City holds fee title) at Bronx Park adjacent to the public right of way along West 29th Street (see attached map). The purpose of the easement is to install communication equipment cabinets for DSL service. Ulteig Engineers, Inc. has staked the requested easement and City staff has reviewed the location and find that it will not interfere with park purposes. There were a number of questions at first reading related to the height of the cabinets, the use of the cabinets, and the potential danger of electrical connections to the cabinet. There was also a question regarding a Qwest representative digging in a councilmember’s front yard looking for a property stake. Ulteig Engineers, Inc. was unaware of any work being done on West 32nd Street but indicated a willingness to investigate the matter. They did provide the following related to the proposed cabinet to be located in Bronx Park. A representative from Ulteig Engineers, Inc. will be at the meeting to answer any additional questions: ü The cabinets will be used to house DSL service equipment. ü The height will not exceed 4.5 to 5 feet in height and the height is restricted to 7 feet by the easement agreement. ü The electrical connections will be installed in a manner that will not pose a danger to children or animals. The original installation was proposed entirely within the public right-of-way, which would not have required an easement. However, if located as originally proposed, it would interfere with the root system of a large tree. Staff recommended a location partially on park property to avoid losing the tree. Screening of the cabinets is required by code. Assessing has determined that the value of the easement is $500.00. The City has received a check from Ulteig Engineers, Inc. in that amount. St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 2 Proposed Easement Location: Attachments: Easement Agreement Proposed Ordinance Proposed Ordinance summary Proposed easement document and map (Map supplement) Prepared by: Judie Erickson, Planning Coordinator jerickson@stlouispark.org Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 3 ORDINANCE NO. 2269-04 AN ORDINANCE GRANTING TELECOMMUNICATIONS EASEMENT OVER PORTION OF BRONX PARK NORTHERN BOUNDARY ALONG WEST 29TH STREET THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing has been received requesting an easement for telecommunication purposes over a portion of Bronx Park as described below. The City Council has published notice of said petition in the St. Louis Park Sailor, on April 22, 2004 and has conducted a public hearing upon said petition and has determined that the granting of said easement will not hinder the use of Bronx Park for its intended public purposes, and that it is for the best interest of the public that said easement be granted. Section 2. The following described easement within the corporate limits of the City of St. Louis Park, is granted: Description of Property: Lot 1 to 11 inclusive and 19 to 29 inclusive Block 18, THE BRONX, Hennepin County, Minnesota Description of Easement: An easement for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner of said Lot 1, thence westerly 115.29 feet along the north line of said Lot 1 to the point of beginning for the easement to be described: thence continuing westerly 10.00 feet along said north line of Lot 1, thence southerly at right angles 4.30 feet, thence easterly at right angles 10.00 feet; thence northerly at right angles 4.30 feet to the point of beginning. The purpose of the easement is restricted to telecommunication equipment cabinets and related appurtenances such as electric power source and meter. The height of the cabinets shall not exceed seven feet (7’) above grade. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 4 Adopted by the City Council May 3, 2004 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 04-21-RE/res-ord St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 5 SUMMARY ORDINANCE NO. 2269-04 AN ORDINANCE GRANTING TELECOMMUNICATIONS EASEMENT OVER PORTION OF BRONX PARK NORTHERN BOUNDARY ALONG WEST 29TH STREET This ordinance states that a telecommunications easement will be granted for telephone equipment cabinets and related appurtenances such as electric power source and meter. This ordinance shall take effect 15 days after publication. Adopted by the City Council May 3, 2004 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: May 13, 2004 04-21-REsum St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 6 RECORDING INFORMATION ABOVE EASEMENT AGREEMENT CORPORATE EASEMENT The undersigned (“Grantor”) for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation (“Grantee”), whose address is 1801 California Street, Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities and related appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Hennepin, State of MINNESOTA, which Grantor owns or in which Grantor has an interest (“Easement Area”), to wit: An easement which is described in its entirety on EXHIBIT “A” which is attached hereto and by this reference made a part hereof, all of which is situated in the SE ¼ of Section 8, Township 117 N, Range 21 W, of the 5th P.M. Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor’s lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee’s use and enjoyment of the Easement Area. The purpose of the easement is restricted to telecommunications equipment cabinets and related appurtenances such as electric power source and meter. The height of the cabinets shall not exceed seven feet (7’) above grade. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee’s negligent exercise of the rights and privileges herein granted. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 7 Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee’s use and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Easement Area is situated. GRANTOR City of St. Louis Park _________________________________ ___________________________________ Thomas K. Harmening Jeffrey W. Jacobs /s/ City Manager Mayor STATE OF Minnesota )ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by as of the City of St. Louis Park, a corporation under the laws of the State of Minnesota, real property in Hennepin County, Minnesota. Witness my hand and official seal: Notary Seal Notary Public My commission expires: STATE OF Minnesota )ss: St. Louis Park City Council Meeting 050304 - 6b - Qwest Utility Easement Page 8 COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by as of the City of St. Louis Park, a corporation under the laws of the State of Minnesota, real property in Hennepin County, Minnesota. Witness my hand and official seal: Notary Seal Notary Public My commission expires: St. Louis Park City Council Meeting 050304 - 8a - Police Dispatch Union Contract Page 1 8a. Public Safety Dispatch Union Contract 1/1/04 – 12/31/05 A 2-year agreement with Dispatch settling the City and Union for 2004 & 05. Recommended Action: Motion to adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services (LELS) #220, establishing terms and conditions of employment for two years: 1/1/04 – 12/31/05. Background: The City had several negotiation sessions with Public Safety Dispatch. We came to agreement on a 2 year contract for 2004 & 2005, with changes limited to wages and insurance as follows: Listed below is the summary of changes as negotiated: • 2 year agreement • 2004 wage increase 2% January 1, 1% July 1 • 2004 increase in employer contribution $45/mo. ($550/mo in 2003, to $595/mo. in 2004) • 2005 wage increase 3% January 1, 2005 • 2005 increase in employer contribution same as other exempt employees. The changes above are consistent with all other contracts settled for this timeframe. The City is very pleased with this offer and recommends approval. The proposed contract is on file with the City Clerk. More detail is available upon request. Recommendation: It is recommended that the City Council adopt the attached resolution approving a Labor Agreement between the City and Law Enforcement Labor Services #220, Public Safety Dispatch, establishing terms and conditions of employment for the duration of 1/1/04 – 12/31/05 Attachments: Resolution Prepared by: Nancy Gohman, Human Resources Director Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 8a - Police Dispatch Union Contract Page 2 RESOLUTION NO. 04-056 RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND LAW ENFORCEMENT LABOR SERVICES INC. LOCAL #220 PUBLIC SAFETY DISPATCH JANUARY 1, 2004–DECEMBER 31, 2005 WHEREAS, the City and the Union have reached a negotiated settlement covering the terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public Employees Labor Relations Act, and WHEREAS, the City Council may enter into such agreements as authorized by its Charter; now therefore, BE IT RESOLVED by the City Council of the City of St. Louis Park that the Mayor and City Manager are authorized to execute a Collective Bargaining Agreement, City Contract # between the City of St. Louis Park and Law Enforcement Labor Services Inc. (LELS) Local #220 Public Safety Dispatch effective January 1, 2004 – December 31, 2005. Reviewed for Administration: Adopted by the City Council May 3, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 1 8b. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to allowing City staff to approve temporary signs in the public right-of-way, to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District. Case Nos. 04-06-ZA Recommended Action: Alternative #1: Motion to approve 1st reading of the ordinance amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission without the provision for allowing non-commercial speech on signs, and set second reading for the May 17th City Council meeting. Alternative #2: Motion to approve 1st reading of the ordinance amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission with the exception that the provision allowing non-commercial speech be included in the ordinance as recommended by the City Attorney, and set second reading for the May 17th City Council meeting. Background: In the process of daily administering the zoning code, staff is required to analyze many diverse land use applications and answer numerous questions. During this process, issues arise where some areas of the code seem inconsistent or ambiguous. Whenever these issues arise, staff makes an effort to rectify or simplify the code language. The Council recently adopted code amendments dealing with the sign ordinance to clarify standards and simplify and unify language relating to signs. This report deals with three proposed amendments to the sign ordinance: • Administrative approval of temporary signs in the public right of way. • Clarification regarding the placement of non-commercial messages on signs. • Front yard setback requirements for signs in the I-P Industrial Park District. Planning Commission Action: The Planning Commission conducted a public hearing for the application at its March 17, 2004 meeting, and no one from the community was at the meeting to speak. On a 4-0 vote, the Planning Commission decided to consider each of the three amendments separately. With regards to the amendment to allow administrative approval of temporary signs in the public right of way, the Commission on a 4-0 vote is recommending that the Council approve the amendment with conditions that the staff have sufficient authority to deny the request, that St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 2 sufficient standards exist to measure the request against, and that additional conditions regarding frequency and content be included. With regards to the amendment to allow noncommercial speech, the Commission on a 3-1 vote is recommending the Council deny the amendment. It was the opinion of the staff and Commission that the ability to post non-commercial messages is already implied in the ordinance, and some Commissioners expressed concern that if our ordinance drew attention to this right, then property owners may post non-commercial messages that could be offensive to the neighborhood or individuals. A non-commercial message is any sign that does not have a product and/or business name or logo, or is aimed at selling and/or advertising a product or service. With regards to the amendment to allow a 20 foot front yard instead of the current 50 feet for signs in the I-P District, the Commission on a 4-0 vote is recommending the Council approve the amendment. Analysis: There are three proposed amendments to the sign ordinance. Section 36-362(e)(2) is proposed to be amended to no longer require City Council approval of temporary signs within the public right-of-way. If the amendment is approved, then temporary signs within the public right-of-way would be allowed with the permission of both the Community Development Director and the Director of Public Works. The proposed amendment would not alter the 10 day limit for display of the signs. The proposed amendment would amend Section 36-362(e) as follows: (2) Signs on or over the public rights-of-way unless both the city council Community Development Director and the Director of Public Works grants permission for a temporary sign on or over the public rights-of-way for a period of time not to exceed ten days. This issue was raised by the Council last year when an application came forward for the Lions Pancake Breakfast. Staff has prepared the amendment, and reviewed it with the Planning Commission at the public hearing. The Commission recommended approval of this amendment with the condition that staff work out a way to solidify our ability to deny permits based on matters of visibility, size, number of days a sign could be displayed per year or other practical means, and whether or not the applicant is a for-profit or a non-profit organization. After reviewing this provision and the Commission’s concerns with the city attorney, staff is recommending this amendment not be approved. There is some question as to whether or not the city can differentiate between for-profit and non-profit temporary sign applications within the public right-of-way, and it may be better for the Council to exercise it’s discretion in review of the permits. The Council has only received two applications in the past several years, so the number of signs appearing in the public right-of-way has not historically been a problem. Staff is concerned, however, that if the process is simplified, then more applications may result, including applications from for-profit organizations. Staff believes that removing the St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 3 amendment from the proposed ordinance is consistent with the Planning Commissions recommendations to approve the amendment with the condition that staff research and review language to further refine the amendment, and therefore, has removed the provision from both recommended alternatives. Section 36-362(f)(20) is proposed to be amended to allow a commercial or industrial property owner to use some or all of their allowable signage to display a non-commercial message. The City Attorney recommended this language be added to clarify that a commercial or industrial property owner may use their allowable signage to display a non-commercial message. (A non- commercial message means any sign that does not have a product and/or business name or logo, or is aimed at selling and/or advertising a product or service.) According to the City Attorney this provision is necessary so that our sign regulation meet the First Amendment requirement that on-premises and off-premises (billboards) signs are treated the same from the standpoint of the owners right to display non-commercial messages. It is the attorney’s opinion that our definition of on-premise sign prevents a property owner from displaying non-commercial messages. Section 36-362(f)(2)k is proposed to be added to reduce the required front yard for a free standing sign in the Industrial Park (I-P) District. The existing front yard requirements are 5 feet in the C-1, C-2 and MX district, 20 feet in the O and IG districts and 50 feet in the IP district. The IP district is the only commercial/industrial district requiring more than a 20 foot front yard. This proposed amendment would reduce the front yard requirement to 20 feet from the existing 50 feet, which is consistent with the IG and O districts. Recommendation: The Planning Commission recommends approval of alternative #1 which is attached for your review. Also included for your review is alternative #2 which incorporates the City Attorney’s recommendation for non-commercial speech. Attachments: 1. Proposed ordinance – Alternative #1 2. Proposed ordinance – Alternative #2 3. Minutes from March 17 Planning Commission Meeting Prepared By: Gary Morrison, Asst. Zoning Administrator 952-924-2592 gmorrison@stlouispark.org Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 4 ALTERNATIVE #1 ORDINANCE NO. _________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO SIGNS, AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTER 36 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Section 36-362(f)(2) is amended to add the following paragraph: k. In the I-P district the required front yard for a freestanding sign shall be 20 feet. The required side yard abutting a street for a freestanding sign shall be 15 feet. Section 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this ______ day of ____________, 2004, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council _______________________________ ___________________________ City Manager Jeffrey W. Jacobs, Mayor ATTEST: Approved as to Form and Execution _______________________________ ____________________________ Cynthia Reichert, City Clerk City Attorney St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 5 ALTERNATIVE #2 ORDINANCE NO. _________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO SIGNS, AMENDING ST. LOUIS PARK ORDINANCE CODE CHAPTER 36 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Section 36-362(f) is amended to add the following paragraph: (20) Noncommercial speech. Any non-commercial message may be substituted for any commercial message on any sign allowed under the Code, subject to the same regulations applicable to such signs. Section 2. Section 36-362(f)(2) is amended to add the following paragraph: k. In the I-P district the required front yard for a freestanding sign shall be 20 feet. The required side yard abutting a street for a freestanding sign shall be 15 feet. Section 4. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this ______ day of ____________, 2004, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council _______________________________ ___________________________ City Manager Jeffrey W. Jacobs, Mayor ATTEST: Approved as to Form and Execution _______________________________ ____________________________ Cynthia Reichert, City Clerk City Attorney St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 6 EXCERPT FROM MARCH 17, 2004 PLANNING COMMISSION MINUTES A. Case No. 04-06-ZA—Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to allowing City staff to approve temporary signs in the public right-of-way, to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District. Gary Morrison, Assistant Zoning Administrator, presented a staff report. Commissioner Johnston-Madison inquired about issues raised by the City Attorney and a property owner. Mr. Morrison said the City Attorney’s recommendation regarding non-commercial messages on private signs came about as a result of review of the ordinance as it pertains to billboards. The City Attorney’s review found that the ordinance lacked a statement clarifying that a commercial or industrial property owner may use some or all of their allowable signage to display a non- commercial message. The proposed amendment calls that out and clarifies that it is an option or possibility for the property owner. Commissioner Johnston-Madison asked for an example of this issue. Mr. Morrison replied that he has not encountered this situation yet. He stated that the proposed amendment came about as a result of review of the ordinance as it pertains to billboards. Commissioner Johnston-Madison said she had concerns regarding the display of a non- commercial message. She commented that billboards can be purchased for commercial or non- commercial messages. She added that there is a big difference between a billboard and, for example, the message board at Miracle Mile. She asked if the proposed amendment implies that a message board could have non-commercial messages. Mr. Morrison said a billboard would be defined as a sign that advertises a product or service not necessarily provided on that property, which is still a commercial message. He stated that on changeable signs, there might be a non-commercial message. For instance, under the current ordinance Miracle Mile could put up a non-commercial slogan. The proposed amendment clarifies that it is allowable. Commissioner Johnston-Madison asked how the City would handle a non-commercial message which was offensive. Mr. Morrison said some State parameters exist that govern or protect the display of non- commercial messages. He said some new court rulings are expected which would protect the display of non-commercial messages. Advice would be sought from the City Attorney regarding non-commercial messages that might be considered offensive. St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 7 Mr. Morrison said the issue raised by a private property owner concerned the required setback for signs in the I-P Industrial Park District. The inconsistency between the I-P and other Districts was revealed during review of the 2401 Edgewood project. Commissioner Johnston-Madison asked if the proposed amendment regarding temporary signs would streamline the process. Mr. Morrison said that was the intent. He explained that the proposed amendment comes as the result of the City Council’s discussion and direction to streamline the process. Commissioner Johnston-Madison asked how often someone could reapply for a temporary sign on a public right-of-way. Mr. Morrison said the current code and the proposed amendment do not include a time limit on reapplying. Commissioner Johnston-Madison said she wasn’t comfortable with the temporary sign amendment. She said she is aware of situations in neighborhoods where there have been questions about temporary signs in the right-of-way that may contain language or other messages which could be in dispute within a particular neighborhood. She said she would like to see a limit to the number of times application can be made for that type of signage. Ms. Jeremiah remarked that these are public right-of-ways and the City has complete control and ability to say no to certain requests. She said the City has been very careful in limiting the approvals. She said the City doesn’t anticipate approving any kind of commercial signs in the public right-of-way. Those types of signs are prohibited and enforcement is carried out. The proposed amendment wouldn’t be opening the door to allowing a lot of signage in the public right-of-way. Staff would consider safety as well as precedent set by past approval of the City Council. Ms. Jeremiah gave the example of a non-profit event which doesn’t have a good place to advertise on a very temporary basis, such as the Lion’s Club annual pancake breakfast event. Commissioner Johnston-Madison asked for clarification on criteria in the ordinance that could be used to deny a temporary sign permit. She asked if staff was confident about making those decisions. Mr. Morrison said he was confident that the permits can be reviewed and that staff has the authority to deny signs. Review by the Community Development Director and the Director of Public Works will cover content, intent, and placement of signs. Chair Robertson opened the public hearing. As no one was present wishing to speak, the Chair closed the public hearing. St. Louis Park City Council Meeting 050304 - 8b - Misc Zoning Amendment - Signs Page 8 Chair Robertson commented that moving temporary signs within the public right-of-way from Council review to administrative review is a positive move in streamlining. However, he would recommend more review by staff and additional language limiting or defining the role. Regarding the non-commercial signage amendment, Chair Robertson said signage is directional and informational and isn’t the right vehicle for non-commercial messages. He said it doesn’t seem to be a free speech issue. Billboards can be rented for non-commercial messages. Chair Robertson said he thought most businesses don’t consider putting a non-commercial message on any remaining sq. ft. of allowable signage they may have. He said that stating it in the code may add to unnecessary clutter and more signage. Chair Robertson suggested that separate motions be made for each proposed amendment. Commissioner Johnston-Madison made a motion to consider each amendment separately. The motion passed on a vote of 4-0. Commissioner Johnston-Madison made a motion recommending approval of the Ordinance Code text amendment relating to allowing City staff to approve temporary signs in the public right-of- way subject to further research and review of the language by staff to see if any additional refinements such as timeframes or content could be established. The motion passed on a vote of 4-0. Commissioner Johnston-Madison made a motion to not recommend approval of the Ordinance Code text amendment relating to allowing non-commercial messages on private signs. The motion to recommend denial passed on a vote of 3-1. (Commissioner Timian voted against the motion to recommend denial.) Commissioner Johnston-Madison made a motion recommending approval of the Ordinance Code text amendment to reduce the required front yard for signs in the I-P Industrial Park Zoning District. The motion passed on a vote of 4-0. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 1 8c. Request by Mark Carlson for a Conditional Use Permit to allow windows in the second story of a detached garage and to allow the upper story of the detached garage to be finished and used as a hobby room together with three variances to allow the detached garage to be placed in the front yard, a nine foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house. Case Nos. 04-09-CUP and 04-10-VAR 4332 Brookside Ave. Recommended Action: Motion to adopt Resolution No. 04-10-VAR to approve the variances to allow the detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house all based on the findings set forth below and subject to the conditions recommended by staff, and Motion to adopt Resolution No. 04-09-CUP to approve a conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space. Zoning: R-1, Single Family Comprehensive Plan Designation: Low Density Residential Lot Area: 24,600 Square Feet Lot Dimensions: Approx. 320’ x 92’ at the creek, 12’ at Brookside. Background: The existing house was constructed in 1922 as a cabin. The existing one car garage was constructed in 1952, and was built in the front yard. Staff has been unable to determine what the zoning regulations were pertaining to accessory buildings in the front yard in 1952, however, a building permit was issued, and there are no records of a variance. On February 17, 2004, Mr. Carlson made application for a Conditional Use Permit to install a window in the second story of a proposed garage, and to finish the second story as a hobby room. The same application also included two variance requests, one to place the proposed garage within the front yard, and a second to construct the garage at the interior side property line instead of at the required 9 foot side yard. During the review of that application, it was determined that the applicant would need a third variance to allow the garage to be six feet taller than the house. The application was submitted on March 8th, and the public hearing for the original application was continued by the Planning Commission to the April 7, 2004 meeting so that the third variance request could be properly noticed. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 2 Existing Conditions: The applicant’s property is bound on the east by the railroad, the south by Minnehaha Creek, the north by Brookside Ave, and on the west by residential property and Hobart Lane. Hobart Lane is a 12 foot wide paved public road that services three properties. It is approximately 175 feet long, and dead ends without a cul-de-sac. The applicant’s and the neighboring properties are substantially wooded, and are larger than lots typically found in St. Louis Park. The applicant’s property is 24,600 square feet. The neighboring properties to the west, 4320 and 4330 Brookside, are approximately 26,000 and 35,000 square feet in lot area. The two properties to the east and on the other side of the rail road tracks are owned by the same people, and total approximately 30,000 square feet in lot area. The applicant’s home is built at the edge of a bluff overlooking Minnehaha Creek. The grade change behind the applicant’s and neighboring homes is steep, and drops approximately 20 feet. Most of this lower area is located within the 1% chance flood zone for Minnehaha Creek, and is not accessible by vehicles. There is a variety of housing style and sizes in the neighborhood, with approximately half of the homes within the general vicinity of the applicant’s home having detached garages. One home located directly across Brookside Ave has a one and a half story garage with windows in the second story. The property to the east of the applicant’s has a house and two accessory buildings located at the property line shared with the railroad and directly across from the proposed garage. The accessory buildings do not have windows facing the applicant’s property. Proposal: The applicant proposes to demolish the existing one-car detached garage and build an oversized two- car garage abutting the railroad property in the front yard. The new garage would be 32 feet wide along the railroad property and 22 feet deep. At the garage doors, the first floor would be 24 feet wide for a depth of 6 feet, then expanding to 32 feet wide. A deck and path to the house would be built on the south side. The driveway would be about 40 feet long extending to Hobart Lane. The garage is proposed to be 21 feet to the peak, whereas the house is 15 feet tall as measured to the peak. Enclosed for your review are elevations of the proposed garage, a site survey, an aerial photo of the subject property and immediate neighboring properties and the applicant’s comments relevant to the Conditional Use Permit application for windows to be located in the second story of the proposed garage, and for the second story to be finished and used as a hobby room. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 3 Planning Commission Action: The Planning Commission conducted a public hearing on the application for a conditional use permit with variances on April 7, 2004. No comments were received from the public. (A letter is included in the staff report from the Mr. William T. Mate, a neighbor, who lives at 4330 Brookside Ave. The letter expresses his support for the conditional use permit and all variances.) The Commission discussed the applicants request for a 9 foot variance to the required 9 foot side yard. (Staff is recommending the approval of a 7 foot variance, maintaining a 2 foot side yard.) Commissioner Morris moved to adopt the staff recommendation of approval of the conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space, together with a recommendation to approve the variances to allow the detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house subject to the conditions recommended by staff. The motion passed on a vote of 6-0. Brookside Ave Yosemite AveRailroadHighway # 100City of Edina # SITE Minnehaha Cree k Vermont Street 42nd Street SITE MAP 4330 4320 St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 4 Issues: • The area, bulk, height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property. • The detached garage is compatible with the scale and character of the neighborhood. • Detached garage space is not to be used for dwelling purposes (i.e. bedroom, bathroom, kitchen or other similar use.) • Garage space is not used for business or commercial purposes. • The cumulative ground floor area of the detached garage and any other accessory buildings does not exceed 25 percent of the back yard. • Do the proposed variances meet the required findings? Issues Analysis: • The area, bulk, height, design or use shall have minimal impact on the use, enjoyment or property value of adjoining property. View to the east: The east side of the garage is proposed to be built at the property line. As a result, one of the upstairs windows would look directly over the railroad tracks and at the back side of two accessory buildings that are built at the property line on the other side of the railroad tracks. The railroad right-of-way is 66 feet wide, so the proposed garage and the two existing neighboring buildings would be 66 feet away from each other. The neighbor’s two accessory buildings were constructed as early as 1916 as a commercial building and a garage, and they do not have windows or openings facing the applicant’s property. A garage of this size (exceeding 26 x 26 x 15 feet in height) is required to have a 9 foot minimum side yard. If a residential lot were next door to the east, instead of the railroad, then there could be as little as 9 feet between the proposed garage, and the neighbor’s back yard. The railroad, however, creates a 66 foot wide space between the proposed garage and the neighbor’s back yard. As a reference point, 66 feet is just short of the 75 foot minimum lot width required in the R-1 District, and is greater than a substantial number of existing residential lots in St. Louis Park. Staff believes the 66 foot wide railroad right-of-way along the east property line, together with the privacy created by the existing accessory buildings that are built at the railroad right-of-way, which do not have windows facing the applicant’s property, is sufficient to protect the enjoyment and property values of adjoining property to the east. View to the west: The west side of the proposed garage would be constructed approximately 33 feet from the westerly property line. (The minimum setback requirement is 15 feet.) The window looking to the west would overlook the applicant’s front yard, the front yard of the applicant’s neighbor located at 4330 Brookside St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 5 Ave (Immediately to the west) and the back yard of 4320 Brookside Ave. (The applicant’s neighbor to the west & north.) The total distance of the applicant’s front yard, plus the width of the right of way for Hobart lane would place the window approximately 45 feet from the rear property line of his neighbor at 4320 Brookside. (See attached aerial photo for close up of these properties.) As noted in “Existing Conditions” above, the lot size for both 4320 and 4330 Brookside Ave are larger than the typical lot in St. Louis Park. The proposed garage would be located approximately 110 feet from the house at 4330 Brookside, and approximately 130 feet from the house at 4320 Brookside Ave. Staff believes that the screening provided by the tree cover together with the large lot size and distances between the proposed garage and neighboring homes to the west is sufficient to protect the enjoyment and property values of adjoining properties to the west. Staff believes the proposed design is attractive and will have a positive impact on property values. • The detached garage is compatible with the scale and character of the neighborhood. The neighborhood is made up of such a wide variety of architectural styles based on the rambler, 1.5 story and 2 story designs that a single style does not dominate the neighborhood. The proposed garage will have architectural details similar to those found elsewhere in the neighborhood including arches, dormers and a covered/indented entrance. A photograph of the proposed garage is attached for your review. The size and height of the proposed garage is larger than most garages being constructed today, however, with the exception of the garage being taller than the house, it does fit within the size requirements for accessory buildings as required in the zoning ordinance. The fact that the garage is taller than the house is more the result of the house originally being constructed as a cabin with a total height to the peak of approximately 15 feet. In fact, the proposed garage is not taller than the majority of the homes in the neighborhood. Staff believes that the height of the proposed garage is in keeping with the neighborhood, and that the architectural details proposed to be designed into the garage will ensure that it is compatible with the character of the neighborhood. • Detached garage space is not to be used for dwelling purposes (i.e. bedroom, bathroom, kitchen or other similar use.) The finished space above the garage is to be used as a hobby room. Plumbing will be provided for a utility sink only, which is allowed under Section 36-162(c)(7)d.3. No plumbing for kitchen or bathroom facilities (including but not limited to toilets and showers) is allowed in any detached garage or other accessory building. Hose bibs and utility sinks are allowed. A kitchen, bathroom or bedroom is not proposed. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 6 • Garage space is not used for business or commercial purposes. As noted above, the applicant is proposing to use the finished space for hobby purposes, and it will not be equipped with a bathroom or other plumbing fixtures other than a small sink. Also, city ordinances prohibit accessory buildings from being used as part of a home occupation. • The cumulative ground floor area of the detached garage and any other accessory buildings does not exceed 25 percent of the back yard. The property currently has a small shed in the back yard and a one car garage in the front yard. The applicant is proposing to remove the existing one car garage, and replace it with the proposed building. If completed, the total square footage or accessory buildings, including the shed, would be 776 square feet, well below the approximately 3,000 square feet which is 25% of the back yard, and below the 800 square feet maximum allowed by code. • Do the proposed variances meet the required findings? The applicant is requesting three variances, a 9 foot variance to the required 9 foot side yard, a variance to allow a detached garage in the front yard and a variance to allow the garage to be taller than the house. The side yard requirements for detached garages are divided up into two categories. Any accessory building that is less than 26 feet wide by 26 feet deep by 15 feet in height may be as close as two feet to the interior side and rear property lines. Accessory buildings that exceed any one of those three dimensions require greater setbacks. The applicant is proposing a garage that is 32 feet wide and 21 feet tall, and therefore is required to have at least a 9 foot interior side yard and a 25 foot rear yard. The code continues to require detached garages to be located in the back yard or interior side yards, and also states that the detached garage is not to be taller than the house. Provisions of the code require that all of the following criteria must be met to make findings for granting a variance. 1. Where by reason of narrowness, shallowness, or shape of the lot, or where by reason of exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot, the strict applications of the terms of this ordinance would result in a peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Variance to allow a detached garage to be constructed in front of the house. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 7 As noted above, the applicant’s home is built at the edge of a bluff overlooking Minnehaha Creek. The grade drops approximately 20 feet from the house to the creek. The slope is steep and heavily wooded making it difficult to construct a driveway and garage. The area behind the home is also affected by the flood plain of Minnehaha Creek virtually eliminating the ability to construct a building behind the home. Staff believes this criterion has been satisfied to allow the garage to be constructed in front of the house. Nine foot variance to allow the detached garage to be built at the interior side lot line. The property has a varying width. The narrowest width of the lot is 12 feet at the front, expanding to 92 feet at the rear property line. The width of the lot at the proposed location for the garage is approximately 55 feet. The front yard is heavily wooded, and includes a large mature oak tree. The applicant states that a 9 foot variance is required to prevent the garage from being constructed directly in front of the home, and to accommodate off-street parking. Staff concurs that these are important design elements to consider, however, constructing a building right at the property line does present problems for maintenance of the building, and potential damage from activity occurring on the adjacent property. Staff believes the minimum setback for a residential building to an interior side property line should be no less than 2 feet. As a point of reference, two feet is the minimum interior side yard required for a smaller garage as discussed above. Maintaining a 2 foot setback will provide adequate parking for four vehicles (parked 2 by 2), will have a minimum impact on the views from the front of the house, and will prevent the oak tree from being taken. Staff also verified with the building inspections dept. that the minimum building setback allowed by the building code is 2 feet. The garage could be constructed to meet the required 9 foot setbacks on both sides; however, the garage would have to be relocated so that it is directly in front of the house, hiding it from view from the street, which is uncharacteristic for the neighborhood. Relocating the garage to meet the 9 foot side yard would also put the garage well into the drip line of the mature oak tree. Even with the requested 9 foot variance, the garage would still be cutting into the fringe of the trees drip line. With proper care, however, the tree should be able to survive the garage’s encroachment into the drip line even with a two foot side yard. Staff believes this criterion has been satisfied to allow a 7 foot variance to the required 9 foot side yard instead of the requested 9 foot variance. Variance to allow the garage to be taller than the house. The ability to add onto the house is limited by the bluff line located directly behind the home, the lack of room between the home and west property line, a deep ravine that exists along the east side of the home, and numerous mature trees located directly in front of the home. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 8 The applicant would like to have a two car garage, which is common for the neighborhood and St. Louis Park. He would also like to have additional space for storage and a hobby room. The applicant feels that he is not able to create this space by adding onto the house to preserve the existing mature trees and the character of the house, as stated above, but also to preserve the natural drainage as discussed in criterion 7 below. The applicant also feels he has no alternative but to seek a variance to build up because building a wider or deeper garage would block visibility from and to the house, which would be uncharacteristic for the neighborhood. Staff believes this criterion has been satisfied to allow the garage to be 6 feet taller than the peak of the house. 2. Conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Variance to allow a detached garage to be constructed in front of the house. As stated in condition 1 above, physical conditions of the lot prevent the garage from being located in the rear or either side yards. In addition to this, the applicant feels strongly that the mature trees located in front of the house contribute to the natural character of the property and neighborhood surrounding the Minnehaha Creek. He also believes that an attached garage would have a negative impact on the character of the cabin style home. The home currently has the look and feel of a creek side cabin, and the applicant would like to preserve that character. A detached garage is common for the neighborhood and city. By preserving the trees, the applicant not only maintains the hidden cabin character he is trying to preserve, but the trees would also mitigate the effect created by having the detached garage sit approximately 6 feet higher than the house. Most of the mature trees located between the house and proposed garage are pines, and will provide a year round buffer. If the trees are removed, and the garage attached, then staff believes the garage would be out of scale to the house, and would be uncharacteristic for the neighborhood. Staff believes this criterion has been satisfied to allow a detached garage to be located in the front yard. Nine foot variance to allow the detached garage to be built at the interior side lot line. As stated in criterion number 1 above, the narrowness of the lot, desire to prevent the garage from being located directly in front of the house, and the location of a mature oak tree all contribute to the need for a variance to the side yard. The decreased side yard is further mitigated by the fact that the garage would be located against a railroad right-of-way, and the neighboring residential property would be 66 feet away from the proposed garage. Staff still believes, however, that a two foot minimum yard should be maintained. A two foot minimum side yard is consistent with what is allowed for the smaller accessory buildings, it allows for the ability to maintain the building without trespassing onto adjoining property, and it is consistent with the minimum setbacks allowed under the building code. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 9 Staff believes this criterion has been satisfied to allow a 7 foot variance to the required 9 foot side yard instead of the requested 9 foot variance. Variance to allow the garage to be taller than the house. As stated in criterion number 1 above, the ability to add onto the house is limited by the bluff line located directly behind the home, the lack of room between the home and west property line, a deep ravine that exists along the east side of the home, and numerous mature trees located directly in front of the home. Also, the house was originally built as a cabin, and therefore, is shorter than other homes in the neighborhood. Staff believes these conditions are unique to the property, and do not generally apply to other properties or structures in the district in which the applicant’s home is located. Therefore, staff believes this criterion has been satisfied to allow the garage to be taller than the house. 3. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Variance to allow a detached garage to be constructed in front of the house. There are no other locations physically available to the applicant to construct a detached garage on his property. By granting the variance, the applicant would be able to construct a detached garage, which is a common feature St. Louis Park, and in the applicant’s neighborhood. An attached garage could legally be constructed, however, it would result in a garage that occupies the front wall of the house, which is uncharacteristic for the neighborhood, and it would disrupt the cabin style of the house. Also, the garage would sit higher than the house, which would still require a variance, and the loss of the mature trees would result in the height difference being apparent from the neighboring properties and street. Staff believes this criterion has been satisfied to allow a detached garage to be located in the front yard. Nine foot variance to allow the detached garage to be built at the interior side lot line. The variance will allow the applicant to maintain parking for four vehicles in the driveway. This is important because on-street parking is not readily available. The public right-of-way for Hobart Lane, which is a dead end road that services the applicant’s and his two neighbor’s properties, is only 14 feet wide, and the improved surface of Hobart Lane is approximately 12 feet wide. Any vehicle parking on Hobart Lane would block access to the applicant’s and his two neighbor’s properties. By granting a variance to allow a two foot interior side yard instead of the required 9 feet, the applicant would gain enough space to park four vehicles on his driveway. Staff believes this criterion has been satisfied to allow a 7 foot variance to the required 9 foot side yard. Variance to allow the garage to be taller than the house. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 10 The physical conditions of the property as outlined above limit the ability to add usable space onto the existing house. Also, the foot print of the proposed garage cannot be enlarged without additional variances, loss of off-street parking spaces and blocking the front face of the house with the garage. The original house was built as a cabin, and lacks space for storage, and general space where the home owner can conduct family and hobby activities. The best option available to the applicant to create this space is to add space above the garage as proposed. Staff believes this criterion has been satisfied to allow the garage to be taller than the house. 4. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger the public safety. The detached garage is proposed to be located so that it will be 45 feet from the westerly neighbor’s property line, 66 feet from the easterly neighbor’s property line, and 150 feet from the front property line. Staff believes that the granting of all three variances will not impair an adequate supply of air and light to adjacent property lines. Staff believes this criterion has been satisfied for all three variances with the modification that the side yard setback be approved as a 7 foot variance instead of the requested 9 foot variance. 5. The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair the established property values in the surrounding area, or in any other way impair the health, safety, comfort, or morals of the area. As discussed in the above criterion, staff believes that granting the variances will contribute more toward preserving the character and development of the neighborhood, then if the variances were not. Also, the distance between the proposed buildings and neighboring properties is more than what can be typically provided elsewhere in the city so the variances should not negatively impact the comfort or property values of adjacent properties. Staff believes this criterion has been satisfied for all three variances with the modification that the side yard setback be approved as a 7 foot variance instead of the requested 9 foot variance. 6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan. Variance to allow a detached garage to be constructed in front of the house. The intent of this ordinance is to prevent the front face of the house from being hidden by a garage or other accessory building, and to maintain a residential quality along the streetscape. The proposed St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 11 garage would be located approximately 150 feet from the front property line, and both the house and proposed garage will be partially hidden by numerous mature trees. Staff believes that the placement of the house will not detract from the residential character of the neighborhood, which is aided by approving the 7 foot side yard variance to limit the encroachment in front of the home. The proposed placement of the garage also preserves the residential character by taking on the appearance that it is in the side/rear yard when viewed from Hobart Lane, which is the direction from which the applicant’s property is impacted most by views from the neighbors. Staff believes this criterion has been satisfied. Nine foot variance to allow the detached garage to be built at the interior side lot line. The intent of the ordinance is to minimize the impact a larger accessory building has on the adjacent property owners. The zoning code accomplishes this by requiring the same side yard as is required for the principal structure, in this case, 9 feet. Staff believes the existing 66 foot wide rail road right-of- way meets the intent of the ordinance by creating a 68 foot separation between the proposed building and the neighbor’s property. (68 feet equals the 66 foot railroad right-of-way and staff’s proposed 2 foot side yard.) Staff believes this criterion has been satisfied. Variance to allow the garage to be taller than the house. The intent of the ordinance is to prevent an accessory use from being, or from appearing to be, the primary use of the land, or the more dominant structure on the property. The proposed garage will be located approximately 150 feet from the front property line, and will be constructed so the garage doors face the side property line instead of the front. By locating the building in this manner, the distance will reduce the appearance of being taller than the house, and the architectural details of the proposed garage make it look more like a house, than a garage, especially since the garage doors will be angled away from Brookside Avenue. Staff believes this criterion has been satisfied. 7. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable undue hardship or difficulty. Variance to allow a detached garage to be constructed in front of the house. As stated in the first criterion above, the physical characteristics of the property make it impossible to place a garage in either side yards or the rear yard. This leaves the front yard as the only option. The property drains toward an existing ravine located on the east property line. Attaching the garage would alter this drainage, and require potentially extensive re-grading at the entrance of an established ravine, and could result in on-going and potentially serious erosion problems. Given the drainage issues in the front yard, staff believes a detached garage is the better alternative. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 12 Staff believes this criterion has been satisfied. Nine foot variance to allow the detached garage to be built at the interior side lot line. The applicant’s property is served primarily by Hobart Lane, which is approximately 12 feet wide, and does not have room for on-street parking. By allowing a 7 foot interior side yard for the proposed garage, the applicant would be able to park up to four vehicles on the driveway. This benefits the applicant and two neighbors that also use Hobart Lane by providing alternative off-street parking spaces so that Hobart Lane can be kept clear for vehicular traffic. Staff believes this criterion has been satisfied. Variance to allow the garage to be taller than the house. As stated in criterion number 1 above, the ability to add onto the house is limited by the bluff line located directly behind the home, the lack of room between the home and west property line, a deep ravine that exists along the east side of the home, and numerous mature trees located directly in front of the home. The applicant would like to have a two car garage, which is common for the neighborhood and St. Louis Park. He would also like to have additional space for storage and a hobby room. The applicant feels that he is not able to create this space by adding onto the house for the reasons stated above. The applicant also feels he has no alternative but to seek a variance to build up because building a wider or deeper garage would block visibility from and to the house, which would be uncharacteristic for the neighborhood, and would still require a variance for additional square footage for an accessory building and potentially a second variance to allow the garage to be larger in area than the house. Staff believes the proposed two-car garage, storage space and hobby room is a reasonable use for the property given the small size of the house, and is therefore, more than just a convenience. Staff believes this criterion has been satisfied to allow the garage to be taller than the house. Recommendation: Based on the analysis that the proposed variances meet the required findings, the Planning Commission and staff recommend approval of a variance to allow a detached garage to be constructed in the front yard as proposed, a 7 foot variance to the required 9 foot side yard for the proposed detached garage, and a variance to allow the detached garage to be 6 feet taller than the peak of the house, all with the following conditions: 1. The height of the proposed garage not exceed 22 feet. 2. The interior side yard be a minimum of two feet. 3. The garage be designed, located and constructed as illustrated in the attached exhibit A. 4. Steps be taken to preserve and protect the existing mature trees located in close proximity to the proposed garage and house as recommended by the City Forester. 5. The second story shall be used as a hobby room only and shall not be used for a home occupation or converted to a living unit. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 13 And based on the analysis provided above, the Planning Commission and staff recommend approval of the application for a conditional use permit to allow windows to be constructed in the second floor of the proposed accessory building and to allow the second floor to be finished and used as a hobby room with the condition that the garage be constructed and maintained in accordance with Exhibit A, which is incorporated by reference herein, and that the space not be finished with a bedroom, kitchen or bathroom, or used in any way as a dwelling unit. Attachments: • Applicant’s comments • Letter from neighbor • Existing Conditions Aerial photo • Proposed Site Plan. • Proposed Elevations. • Applications Prepared by: Gary Morrison, Assistant Zoning Administrator 952-924-2592 gmorrison@stlouispark.org Approved by: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 14 RESOLUTION NO. 04-057 A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTIONS 36-162 (c) (7) d. 5 AND 6 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT WINDOWS IN SECOND STORY OF DETACHED GARAGE AND TO ALLOW SECOND STORY OF DETACHED GARAGE TO BE FINISHED AS A HOBBY SPACE FOR PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 4332 BROOKSIDE AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Mark Carlson has made application to the City Council for a Conditional Use Permit under Sections 36-162 (c) (7) d. 5 and 6 of the St. Louis Park Ordinance Code for the purpose of permitting windows in second story of detached garage and to allow second story of detached garage to be finished as a hobby space within a R-1 Single Family Residential District located at 4332 Brookside Avenue South for the legal description as follows, to-wit: That part of Lot 2, Block 6, Brookside, lying West of the right of way of the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Co. Also that part of Lot 3, Block 6, Brookside, described as follows: Beginning at the Northeast corner of Lot 3; thence South along the East boundary line of said Lot 3 to the Southeast corner thereof; thence West on the Southerly Boundary line of said Lot 3 to the point of intersection of the Southerly boundary line with a line 15 feet West and Parallel to the East line of said Lot 3; thence North on said line 15 feet West and Parallel to the East line of said Lot a distance of 362.08 feet; thence Northeasterly in a straight line of a distance of 53 feet, more or less, to the point of beginning. Abstract 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-09-CUP) and the effect of the proposed garage, complete with windows in the second story and the second story finished as a hobby room on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the proposed garage, complete with windows in the second story and the second story finished as a hobby room 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 garage, complete with windows in St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 15 the second story and the second story finished as a hobby room is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 04-09-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 windows to be constructed in the second floor of the proposed accessory building and to allow the second floor to be finished and used as a hobby room at the location described above is granted based on the findings set forth above and subject to the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A such documents incorporated by reference herein. 2. No portion of the accessory building shall be finished with a bedroom, kitchen or bathroom, or used in any way as a dwelling unit. 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. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 3, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 16 VARIANCES RESOLUTION NO. 04-058 A RESOLUTION GRANTING VARIANCES FROM SECTIONS 36-162(c)(7)a.1, 36-162(c)(7)a.2.ii and 369-162(c)(7)c.4 OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT A DETACHED GARAGE TO BE PLACED IN THE FRONT YARD, A SEVEN FOOT VARIANCE TO THE REQUIRED NINE FOOT SIDE YARD AND TO ALLOW THE DETACHED GARAGE TO BE SIX FEET TALLER THAN THE HOUSE FOR PROPERTY LOCATED IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AT 4332 BROOKSIDE AVENUE SOUTH BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Mark Carlson has applied for variances from Sections 36-162(c)(7)a.1, 36-162(c)(7)a.2.ii and 369- 162(c)(7)c.4 of the Ordinance Code relating to zoning to permit a detached garage to be placed in the front yard, a nine foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house for property located in the R-1 Single Family Residential District at the following location, to-wit: That part of Lot 2, Block 6, Brookside, lying West of the right of way of the Minneapolis, St. Paul, Rochester and Dubuque Electric Traction Co. Also that part of Lot 3, Block 6, Brookside, described as follows: Beginning at the Northeast corner of Lot 3; thence South along the East boundary line of said Lot 3 to the Southeast corner thereof; thence West on the Southerly Boundary line of said Lot 3 to the point of intersection of the Southerly boundary line with a line 15 feet West and Parallel to the East line of said Lot 3; thence North on said line 15 feet West and Parallel to the East line of said Lot a distance of 362.08 feet; thence Northeasterly in a straight line of a distance of 53 feet, more or less, to the point of beginning. Abstract 2. On April 7, 2004, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of the variances with the exception of recommending approval of a seven foot variance to the required 9 foot side yard instead of the requested 9 foot variance to the required 9 foot side yard. 3. The Planning Commission has considered the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variances upon the Comprehensive Plan. 4. Because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed variances will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and the Comprehensive Plan. St. Louis Park City Council Meeting 050304 - 8c - 4332 Brookside CUP-Variance Page 17 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 7. The contents of Planning Case File 04-10-VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 8. Under the Zoning Ordinance, these variances shall be deemed to be abandoned, revoked, or canceled if the holder shall fail to complete the work on or before one year after the variances are granted. 9. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted are removed. CONCLUSION The application for the variances to permit a detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be no more than six feet taller than the house are granted based upon the finding(s) set forth above, and with the following conditions: 1. The height of the proposed garage shall not exceed 22 feet. 2. The interior side yard be a minimum of two feet. 3. The garage be designed, located and constructed as illustrated in the attached exhibit A. 4. Steps be taken to preserve and protect the existing mature trees located in close proximity to the proposed garage and house as recommended by the City Forester. 5. The second story shall be used as a hobby room only and shall not be used for a home occupation or converted to a living unit. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration: Adopted by the City Council May 3, 2004 City Manager Mayor Attest: City Clerk St. Louis Park City Council Meeting 050304 - 8d - Goose Feeding Ban Page 1 8d. First Reading of Proposed Ordinance to Restrict the Feeding of Canadian Geese Recommended Action: Motion to approve first reading of proposed ordinance restricting the feeding of Canadian Geese in the City, and set the second reading for May 17, 2004. Background: Due to the large numbers of geese that reside in St. Louis Park, staff proposes the adoption of a feeding ban since the number of geese in an area increase when they are fed. The Parks and Recreation Department have paid for the removal of Canada Geese from selected parks for the past six years . This annual removal operation is conducted through the Minnesota Department of Natural Resources (DNR) and the University of Minnesota. Staff plans to spend an average of $3,000 annually, with approximately 125 geese removed per season (adult and gosling). The geese are removed from selected parks where their numbers are highest and have the greatest impact on park patron activities. Geese can only be removed when they are molting (losing their feathers). In mid-September, the geese population gets extremely high as migration is in full swing. The geese congregate in large groups and begin migrating south for the winter. As the migration descends upon our parks, hundreds, and sometimes thousands, of geese will inhabit City parks for weeks to rest and feed. High numbers of geese eat a lot of grass and defecate continuously, coating our park areas (turf and walking path) with their feces. At this time, migrating geese are federally protected so they cannot be removed from our parks when they are migrating. When artificial feeding occurs, the numbers of geese increase because fool is more readily available. Feeding Ban for Geese: By conducting annual geese removal, the City is controlling the population of geese found in park and city-owned properties. Adding a feeding ban component to the goose removals will enhance our ability to manage and control the goose population within our parks and city properties. A ban would minimize grouping of geese in parks, commonly found when they are artificially fed. Large groups of geese are a detriment to any park program or experience, causing countless droppings, odors, unsightliness and potential human health threats. In 1994 the City adopted a feeding ban for deer in order to better manage the residing herd. The Canada goose feeding ban mirrors the deer feeding ban in its effort to enhance control and management of the City’s goose population. Enforcement: Staff would enforce the feeding ban similar to the feeding ban for deer. Staff enforce both on a complaint basis and with routing inspection of common feeding areas. Recommendation: Staff recommends approving the first reading of the proposed ordinance restricting the feeding of Canadian Geese in the City, and set the second reading for May 17, 2004. Attachment: Proposed Ordinance Prepared By: Jim Vaughan, Environmental Coordinator Cynthia S. Walsh, Director of Parks and Recreation Approved By: Tom Harmening, City Manager St. Louis Park City Council Meeting 050304 - 8d - Goose Feeding Ban Page 2 ORDINANCE NO. _____ - 04 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL C ODE CHAPTER 4: ANIMALS BANNING FEEDING OF CANADA GOOSE IN THE CITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 4, Section 44 of the St. Louis Park Municipal Code is hereby amended as follows: Sec. 4-44. Deer and raccoon and Canada Goose. Feeding deer, and raccoon or Canada Goose is prohibited and declared a nuisance. Persons feeding deer, and raccoon or Canada Goose shall be guilty of a misdemeanor. SECTION 2. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by City Council May 3, 2004 ___________________________________ ___________________________________ City Manager Mayor Attest: Approved as to Form and Execution: ___________________________________ ___________________________________ City Clerk City Attorney