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HomeMy WebLinkAbout2003/08/18 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 18, 2003 7:30 p.m. 7:25 p.m. – Economic Development Authority Meeting, Council Chambers 1. Call to Order a. Pledge of Allegiance b. Roll Call 2. Presentations - None 3. Approval of Minutes a. City Council Minutes of August 4, 2003 Document b. City Council Study Session minutes of July 28, 2003 Document Action: Corrections/amendments to minutes - Minutes approved as presented 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. Action: Motion to approve the agenda as presented and to approve items listed on the consent calendar (Alternatively: Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar). 5. Boards and Commissions 6. Public Hearings 7. Requests, Petitions, and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Resolution Setting Public Hearing for Park Nicollet Health Services Private Activity Revenue Bonds and Approving Public Hearing Notice Document Park Nicollet Health Services is requesting to refund approximately $200 million of outstanding private activity revenue bonds and issue approximately $80 million in new debt to construct a heart and vascular center. Recommended Action: Motion to set a public hearing for September 15, 2003 for Park Nicollet Health Services Private Activity Revenue Bonds and to approve the public hearing notice. 8b. First Reading of an Ordinance amending Chapter 22 of the St. Louis Park Code of Ordinances relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, and yard waste as well as for composting for residential properties. Document Recommended Action: Motion to approve First Reading of proposed Ordinance Code text amendments related to Solid Waste Management and set Second Reading for September 2, 2003. 8c. City Engineer’s Report: Sidewalk and Lighting Improvement Project - Park Commons Drive, City Project No. 03-11 Document This report considers the construction of new sidewalk on the north side of Park Commons Drive in accordance with the City’s sidewalk, trails, and bikeway plan Recommended Action: Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of concrete sidewalk and installation of pedestrian lighting 8d. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency, clarifying and amending standards for permanent, temporary and canopy/awning signs, sign permitting requirements, and approved sign plans. Document Case Nos. 03-24-ZA Recommended Action: Motion to approve 1st reading of the ordinance amending Section 36-82 (Temporary Use Ordinance) and Section 36-362 (Sign Ordinance) and set second reading for September 2nd City Council meeting. 8e. Request by RSP Architects on behalf of Carlson Restaurants Worldwide for major amendment to the existing special permit for exterior modifications to TGI Friday's with a variance to the sign ordinance to increase the maximum allowable square footage of signage and number of pylon signs for the property. Document Case Nos. 03-26-CUP and 03-41-VAR 5875 Wayzata Blvd (Southeast corner of Wayzata Blvd and Zarthan Ave S. The parcel is also the Northeast corner of Zarthan Ave and 16th Street west.) Recommended Action: Motion to adopt a resolution approving the Major Amendment to the existing Special Permit for exterior modifications to the existing TGI Friday's Restaurant subject to the conditions in the resolution. Motion to adopt a resolution approving a variance to allow 739.6 square feet of signage instead of the maximum of 500 square feet total, and 7 pylon signs instead of the maximum allowable of 3. This variance being subject to the condition that the variance expires January 1, 2005 based upon the findings and recommendations of the Planning Commission. Alternative Variance Recommendations: Motion to adopt a resolution approving a variance to allow 739.6 square feet of signage instead of the maximum allowed 500 square feet total subject to the condition that the variance expires upon subdivision or redevelopment of the property. or Motion to direct staff to prepare a resolution of denial of the variance based upon staff's recommendation. 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 AUGUST 18, 2003 SECTION 4: CONSENT CALENDAR NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a Motion to approve second reading of an ordinance amending Section 8-258 regarding second hand smoke in restaurants Document 4b Motion to designate Rehrig Pacific, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $454,892.00 for refuse cart purchase. Document 4c Motion to approve second reading of a zoning map amendment to change the zoning designation from IG –General Industrial and IP – Industrial Park to R4—Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use for properties located at 3630 Wooddale Ave, 3601 Wooddale Avenue, 5810 37th Street W., 5957 37th Street W., 5951 37th Street W., 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street subject to approval of the amendments to change the Comprehensive Plan land use designations from Industrial to Office, Medium Density Residential, Park, and Commercial Mixed Use by the Metropolitan Council, approve summary Ordinance and authorize publication Document 4d Motion to approve Second Reading of amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying motor vehicles sales accessory uses, approve summary and authorize publication. Document 4e Motion to adopt the attached resolution rescinding parking restrictions on the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west and adopting the attached resolution authorizing the installation of permit parking along the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. Document 4f Motion to designate O’Malley Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $268,936.35 for the 2003 Sidewalk Improvement Project – City Project No. 03-01A & 03-02A Document 4g Motion to accept for filing the Charter Commission Minutes of May 14, 2003 Document 4h Motion to accept for filing the Human Rights Commission Minutes of May 21, 2003 Document 4i Motion to accept for filing the Planning Commission Minutes of July 16,2003 Document 4j Motion to accept for filing the Housing Authority Minutes of July 9, 2003 Document 4k Motion to accept for filing the Vendor Claims (Supplement) AGENDA SUPPLEMENT CITY COUNCIL MEETING August 18, 2003 Items contained in this section are those items which are not yet available in electronic format and which are identified in the individual reports by inclusion of the word “Supplement”. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 1 of 9 UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 4, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 p.m. The following Councilmembers were present at roll call: John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager (Mr. Meyer); City Attorney (Mr. Scott); Community Development Director (Mr. Harmening); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms. Erickson); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); City Clerk (Ms. Reichert); and Recording Secretary (Ms. Samson). 2. Presentations 2a. Junior Naturalist Presentation The Junior Naturalists were recognized for their volunteer work, and Mayor Jacobs presented letters and certificates to them. 2b. Day 1 High School Welcome Back Presentation Day 1 speakers described their year-long activities. 2c. Volunteer Presentation given by Sara Krzesowiak Sara Krzesowiak and Martha McDonell presented the Volunteer Presentation. 2d. Presentation on Mediation Services Janet Mowrer, North Hennepin Mediation Program Community Liaison, and Michael Garelick, Mediation Services volunteer, reported on Mediation Services. 3. Approval of Minutes a. City Council Minutes of July 21, 2003 b. City Council Study Session Minutes of July 21, 2003 c. City Council Study Session Minutes of July 14, 2003 All minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 2 of 9 4a Grant an extension of the cable tv franchise renewal to continue needs assessment activities 4b Approve a Temporary On-Sale Intoxicating Liquor License - Holy Family Fall Festival, September 27 & 28, 2003, 5900 & 5925 West Lake Street, St. Louis Park 4c Adopt Resolution No. 03-098 approving Temporary Parking Restrictions for the Holy Family Fall Festival - Lake Street between Zarthan and Alabama Avenues 4d Adopt Resolution No. 03-099 calling for a public hearing by the City Council on the proposed establishment of the Edgewood Tax Increment Financing District within Redevelopment Project No. 1 (A Soils Condition District) 4e Approve the Annual Report on the City/School Volunteer Office 4f Approve the Annual Report on North Hennepin Mediation Program 4g Approve the publication of an Environmental Assessment Worksheet for the Flood Improvement Project at Lamplighter Pond, Area #4; Project No. 00-18 4h Accept for filing the Board of Zoning Appeals Minutes of June 26, 2003 4i Accept for filing the Planning Commission Minutes of July 2, 2003 4j Accept Vendor Claims for filing (supplement) 4k Approve Resolution No. 03-100 final payment to Park Construction for the amount of $37,181.88 for storm sewer and utility improvements It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Motion to reappoint Coleridge Doe and Steve Simon to the Community Education Advisory Council It was moved by Councilmember Santa, seconded by Councilmember Omodt, to reappoint Coleridge Doe and Steve Simon to the Community Education Advisory Council. The motion passed 7-0. 5b. Motion to appoint a member to the Planning Commission It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to appoint Lynne Carper to the Planning Commission. The motion passed 7-0. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 3 of 9 6. Public Hearings 6a. Public Hearing to consider granting an On-Sale Wine and Beer License for GranDoba Inc. a subsidiary of Aztonka, Inc.; DBA Qdoba Mexican Grill located at 4712 Excelsior Boulevard City Clerk Cindy Reichert said the effective date on this license is September 1, 2003. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve an on-sale wine and beer license. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Request of Quadion Corporation and the City of St. Louis Park for a Comprehensive Plan Map change from Industrial to Medium Density Residential, Office, and Mixed-Use and first reading of a zoning map amendment from IP – Industrial Park and IG – General Industrial to R4— Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use for property located at 3630 Wooddale Ave, 3601 Wooddale Avenue, 5810 37th Street W., 5957 37th Street W., 5951 37th Street W., 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street Case Nos. 03-31-CP and 03-32-Z. Resolution No. 03-094 Planning Coordinator Judie Erickson presented a Staff report on the Elmwood Area Comprehensive Plan and zoning map changes for the Quadion property. Councilmember Basill said he is appreciative that Ms. Erickson incorporated much of the language from the Elmwood Study into the text amendments of the Comprehensive Plan, and much of the work of the task force shall be reflected in the Comprehensive Plan. Brian Fortmeyer, member of the Elmwood Neighborhood task force, said one concern not included was that of height restrictions on the buildings, most residents do not want buildings greater than three stories. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to approve Resolution No. 03-094 amending the Comprehensive Plan land use designation from Industrial to Medium Density Residential, Office, Commercial/Mixed Use, and Park as recommended by staff and the Planning Commission subject to adoption of St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 4 of 9 Comprehensive Plan text amendments addressing redevelopment principles and guidelines and approval by the Metropolitan Council, approve summary, and authorize publication. The motion passed 7-0. It was moved by Councilmember Basill, seconded by Councilmember Brimeyer, to approve first reading of a zoning map amendment to change the zoning designation from IG –General Industrial and IP – Industrial Park to R4—Multi Family Residential, RC— Multi Family Residential, and MX—Mixed Use subject to approval of the Comprehensive Plan amendments by the Metropolitan Council and set second reading for August 18, 2003. The motion passed 7-0. 8b. Comprehensive Plan text amendment to add the planning principles and concept map recommended in the Elmwood Area Land Use, Transit, and Transportation Study to the Chapter P--Redevelopment and to add language to Chapter U—Plan By Neighborhood that references the Elmwood Study and Chapter P as guidance for future redevelopment. Resolution No. 03-095 Ms. Erickson presented a report on the text amendment to the Comprehensive Plan 2000 to 2020 to add planning principles for the Elmwood Area to Chapter P--Redevelopment, and specific development guidelines for the Elmwood Neighborhood to Chapter U--Plan By Neighborhood. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to adopt Resolution No. 03-095 amending text of Chapter P and Chapter U of Comprehensive Plan 2000 – 2020, subject to approval by the Metropolitan Council, approve summary resolution and authorize publication. The motion passed 7-0. 8c. Request of TOLD Development Company for Preliminary Plat approval for Park Commons East 2nd Addition and a Major Amendment to the Park Commons East Planned Unit Development granting Preliminary PUD approval for Phase NE (Excelsior & Grand Phase II). Case Nos. 03-19-PUD and 03-20-S. Resolution No.’s 03-096 and 03-097 Planning and Zoning Supervisor Janet Jeremiah reported on TOLD Development Company’s request. Ms. Jeremiah said the proposal calls for 120 units of owner- occupied housing and 4,500 square feet of additional retail on the ground floor along the Town Green. She said there will be no rental units in Phase II. Ms. Jeremiah said Staff has received some revised engineering plans that adjust the exact location of the Phase II building to accommodate a greater sidewalk width along Grand Way that would be the St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 5 of 9 same width as in Phase I, therefore, the building is to be shifted a little to the east, which will result in the loss of three parking spaces on the west side of Wolfe Parkway. Councilmember Sanger is concerned that parking may be inadequate, especially at night. Ms. Jeremiah said a parking study was performed earlier by an independent consultant, and parking provided at this time is adequate; interim parking would be one option in the future. Councilmember Sanger is disappointed that the size of some of the owner-occupied units has been reduced. Bob Cunningham, TOLD Development, said it is the market response to the units, the smaller units are selling much faster. It was moved by Councilmember Basill, seconded by Councilmember Velick, to adopt Resolution No. 03-097 approving the Preliminary Plat for Park Commons East 2nd Addition and Resolution No. 03-096 a major amendment to the Park Commons East PUD granting Preliminary PUD approval for Phase NE (Excelsior & Grand Phase II) subject to conditions included in the resolutions. The motion passed 7-0. 8d. 2nd Reading of an ordinance imposing a franchise fee on Xcel Energy, a Minnesota Corporation pursuant to Ordinance No. 2086-97 Section 9-610. Ordinance No. 2244-03 City Manager Charlie Meyer reported a change regarding Items 8d and 8e. Mr. Meyer said the change is: If the utility company is unable to collect a fee, the utility company is not obligated to pay the fee. Based on information furnished by Xcel Energy, it is estimated that about $4,000-5,000 per year would be lost as a result of unpaid revenues and, subsequently, unpaid fees to the franchisees. It was moved by Councilmember Santa, seconded by Councilmember Basill, to adopt Ordinance No. 2244-03 imposing a franchise fee on Xcel Energy effective January 1, 2004, and authorize publication of the ordinance in full. The motion passed 6-0. (Councilmember Velick was absent). 8e. 2nd Reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation pursuant to Ordinance No. 2236- 03 Section 7.1. Ordinance No. 2245-03 See the discussion for Item 8d. It was moved by Councilmember Santa, seconded by Councilmember Velick, to adopt Ordinance No. 2245-03 imposing a franchise fee on Centerpoint Energy Minnegasco effective January 1, 2004, and authorize publication of the ordinance in full. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 6 of 9 The motion passed 7-0. 8f. First Reading of proposed amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying motor vehicles sales accessory uses. Case Nos. 03-16-ZA Ms. Erickson presented a brief Staff report. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve First Reading of proposed Ordinance Code text amendments related to zoning and set Second Reading for August 18, 2003. The motion passed 6-0. (Councilmember Santa was absent). 8g. Secondhand Smoke Ordinance Director of Inspections Brian Hoffman present a report regarding the first reading of an ordinance to amend Section 8-258 establishing a secondhand smoke awareness program including the public disclosure of possible secondhand tobacco smoke in restaurants. Jim Rhodes, a task force member, addressed the Council. Environmental Health Official Manny Camilon discussed collection and analysis of nicotine samples. Isis Stark, American Cancer Society, 4253 Sheridan Avenue South, Minneapolis, said the American Cancer Society’s position is to focus solely on the education of secondhand smoke. Ms. Stark said the task force recommendations are weak and are not based on scientific methodology. The American Cancer Society does not favor random sampling of nicotine levels. Joy Carmona, Policy Director, American Lung Association of Minnesota, 490 Concordia Avenue, St. Paul, discussed health issues associated with secondhand smoke. Sandra Sandell, Director of Secondhand Smoke Resource Center at the Association for Nonsmokers Minnesota, 2395 University Avenue West, St. Paul, said the task force has misconceptions. Her organization objects to the ordinance, and they desire to eliminate smoking in restaurants. Jill Birnbaum, Public Policy Director from the American Heart Association, 4701 West 77th Street, Edina, discussed secondhand smoke, cardiovascular disease, and exposure to secondhand smoke. Ms. Birnbaum referenced a letter sent to the Mayor and Council, which Mayor Jacobs acknowledged. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 7 of 9 Peter Dehnel, pediatrician and Medical Director for the Children’s Physician Network, 6700 Cornelia Drive, Edina, said there is no safe level of exposure; he asked that the Council not go forward with the ordinance. Dianne Pizey, pediatrician, 6600 Excelsior Blvd., St. Louis Park, said education is important, however, she favors a smoking ban in all public places. Dr. Pizey said random testing would be invalid. Dale Dobrin, pediatrician, South Lake Pediatrics, 6600 Excelsior Blvd., St. Louis Park, expressed his support for the statements made by the previous speakers. Stuart A. Hanson, 3800 Park Nicollet Blvd., St. Louis Park, served on the task force. Dr. Hanson said nicotine testing is flawed, biological testing is better but it is not practical nor efficient. Dr. Hanson and nurse Ann Densch referenced a letter they sent to the Council. They think nicotine testing would give misleading information. They support the educational component. Dr. Hanson recommended posting disclosure notices but omit the nicotine testing part of it. Barbara Aslakson, Program Action Chair for The League of Women Voters, St. Louis Park, 2615 Xylon Avenue South, said The League does not support the ordinance. Ms. Aslakson referenced the proposal The League provided to the Council. Kerri Gordon, 1435 Hampshire Avenue South, St. Louis Park, objects to the ordinance. Ms. Gordon asked that the City not spend City resources on this, and do omit the nicotine testing in favor of a rigorous education program. Zelda Rae Valder, 3025 Ottawa Avenue South, St. Louis Park, wants a ban against smoking. Sharon Abelson, 4340 Cedarwood Road, St. Louis Park, does not favor the ordinance; nicotine measurements are useless. Ms. Abelson would like at least a partial ban; she strongly favors a total ban. Sam Abelson, MD, 4340 Cedarwood Road, St. Louis Park, said the testing would be a step backward, however, the education piece is good, and the initiative is good. Dr. Abelson said there is no scientific basis to measure nicotine levels. Dr. Abelson recommends rejecting nicotine measuring. Phil Weber, is the proprietor of Park Tavern, 3401 Louisiana Avenue South, St. Louis Park. Park Tavern may be a dinosaur but he said he is not the devil. Mr. Weber was a member of the smoking task force since its inception. Mr. Weber thinks smoking should be banned statewide. He stated that if smoking bans are implemented on a city-by-city level, it could be economically devastating. Mr. Weber said that in September, he will have a partial smoking ban during a portion of weekends to accommodate children’s St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 8 of 9 birthday parties in the bowling center. Mr. Weber said he would welcome suggestions and feedback from any group or individual on this matter. Phillip Finkelstein, 2710 Monterey, suggested using the work that has been done. Mr. Finkelstein suggested the ordinance be divided into two parts: 1) education and the posting of no smoking, and 2) a separate vote regarding testing. Councilmember Sanger said there is no scientific basis for testing. She reference a report she received from Staff, which she stated has several shortcomings. Councilmember Brimeyer will support the motion as it is stated on tonight’s agenda—as imperfect as people might think it is. Mayor Jacobs supports the motion as stated, and the City can tweak the signage. Councilmember Velick will not support the motion, and she would like signs posted without the testing portion on it. Councilmember Sanger objects to spending money for additional Staff time and start-up costs. Councilmember Sanger will not support the recommendations of the task force, and she suggested this item be reconsidered at a Study Session to discuss what was heard at tonight’s meeting. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to defer this item to a Study Session. Councilmember Basill said St. Louis Park is demonstrating leadership, and he favors going forward with the task force recommendations. The motion failed 3-4. (Councilmembers Omodt, Sanger, and Velick favored deferment. Councilmembers Basill, Brimeyer, Santa, and Mayor Jacobs opposed deferment). It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to approve 1st reading of an Ordinance amending Section 8-258 and set second reading for August 18th City Council meeting. The motion passed 4-3. 9. Communications From the City Manager: Mr. Meyer reported two road closures for no more than one week. From the Mayor: Mayor Jacobs announced National Night Out, August 5th, and encouraged citizen participation. St. Louis Park City Council Agenda Item: 081803 - 3a - Council Minutes of 08-04-03 Page 9 of 9 10. Adjournment Mayor Jacobs adjourned the meeting at 10:59 p.m. ______________________________________ ______________________________________ City Clerk Mayor St. Louis Park City Council Agenda Item: 081803 - 3b - Study session Minutes of 07-28-03 Page 1 of 3 UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION Minutes of July 28, 2003 The meeting convened at 7:09 p.m. Present at the meeting were Councilmembers John Basill, Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present: City Manager (Mr. Meyer), Economic Development Director (Mr. Harmening); Economic Development Coordinator (Mr. Hunt); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator (Ms. Erickson); Finance Director (Ms. McGann);and Recording Secretary (Ms. Samson). Also present: Jim Voss, Tim Whitten, Executive Vice President of Rottlund Homes; and Tony Kuekel, United Properties. 1. 2003 Revised Budget and 2004 Proposed Budget Ms. McGann said the budget is virtually balanced, and she discussed reserves. Councilmember Sanger asked: At what point would X% of a reserve be detrimental? Ms. McGann responded that there is no way to increase a levy. Mr. Meyer discussed some City jobs that continue to be scrutinized and may be eliminated. The Council discussed the proposed street light utility, which has been removed from the budget. Councilmember Sanger said it may not be right for this year. Ms. McGann said boulevard trees will continue to receive a subsidy but there will be no subsidy for tree trimming. Mr. Meyer added that the budgeted amount across the board is $1.7 million. It was reported that 84% of the Market Value Homestead Credit will be reallocated to the Capital Improvement Program, and Mr. Meyer noted that the Parks and Recreation CIP is funded for the next five years. Ms. McGann and Staff will continue to review the proposed budget and return to the August 18, 2003 Study Session. 2. Real Estate Recycling—Preliminary Application for Tax Increment Financing Assistance; 2401 Edgewood Avenue; Proposed office/showroom redevelopment project St. Louis Park City Council Agenda Item: 081803 - 3b - Study session Minutes of 07-28-03 Page 2 of 3 Councilmember Sanger asked if the City could apply for additional grant money. Mr. Hunt said it would not be prudent to ask for more money. Mr. Hunt presented a report on Real Estate Recycling. He said if the City were to obtain $600,000 in TIF assistance from Hennepin County, then the interest rate would be .075%. Councilmember Sanger stated that she wants no legal liability. Mr. Hunt said there is an indemnification clause that is pertinent to on-site only. Councilmember Santa inquired, What if a strict timetable cannot be met. Mr. Hunt responded an early start would be greatly beneficial. Mayor Jacobs, and Councilmembers Sanger and Velick favor going forward with this project. Councilmember Omodt likes this TIF proposal. The Council discussed contaminants on the site. Council directed Staff to move forward with this TIF application. 3. Quadion Corp. Proposed Comprehensive Plan and Zoning Amendments Staff presented this item tonight so that Council may ask questions of Quadion and the developer prior to formal consideration at the Council meeting of August 4th. Mr. Voss presented a report on Quadion Corporation’s proposals. Mr. Whitten discussed Rottlund Home’s site plan. Mr. Whitten reported that Sherman Associates is a partner of Rottlund and they are having discussions with United Properties. Mr. Whitten discussed proposed residential structures on the site. Councilmember Velick asked about visitor parking for the residential units. Mr. Whitten said shared parking may be an option, and they continue to work on that. Ms. Erickson reported a correction to be made to the Staff report. On page 1, paragraph 6, the item regarding Property West of Wooddale, Residential High should be Residential guided office. Ms. Erickson discussed zoning. Councilmember Sanger said her concern is that the northern-most building would be rental and not owner occupied. There was discussion regarding mixed-use of the Quadion site. Councilmember Basill discussed issues, such as lower-density, that were raised at various neighborhood meetings. Councilmember Basill asked about three-story versus four-story buildings. Mr. Whitten said this project may require four-story buildings in order to St. Louis Park City Council Agenda Item: 081803 - 3b - Study session Minutes of 07-28-03 Page 3 of 3 survive economically. Mr. Whitten commented that the neighbors have been active, cordial, and fantastic. Mr. Harmening said the use of photographs would be helpful to show how high proposed stories will be. Councilmember Brimeyer suggested making the buildings more architecturally interesting; and, because the office building will stay, he suggested reworking the figures to be able to justify the proposals and plans. Councilmember Santa asked, How tall is three or four or five stories—she needs to know in feet. Some of the Council does not favor a small boutique grocery store. Mr. Kuekel said United Properties is seeking a mixed-use but desires to build a one-story building. 4. Review of land use descriptions and parking requirements for shopping centers as well as how this use is permitted within various zoning districts Ms. Erickson presented a report, and Ms. Jeremiah was available for questions. Councilmember Sanger is opposed to shopping centers in a C1. Councilmember Sanger said each business must be, and should be, considered separate. She requested the threshold be reinstated. Councilmember Sanger, and the other Councilmembers, favor the following option: Change the requirement so that shopping centers < 20,000 square feet must meet parking requirements for all uses figured separately. 5. Town Center (Park Commons) Charrette Recommendations Ms. Jeremiah discussed and evaluated the progress that has been made so far and to determine any Council priorities for future initiatives. 6. Environmental Assessment Worksheet for Flood Improvement Project: Lamplighter Pond, Area #4 A written report with a copy of the EAW for the Lamplighter Pond Flood Improvement Project and a timeline for its publication were distributed to Councilmembers. 7. Adjournment The meeting adjourned at 10:05 p.m. City Clerk Mayor St. Louis Park City Council Agenda Item: 081803 - 4a - Second Hand Smoke Ordinance Page 1 of 4 4a. Motion to approve second reading of an ordinance amending Section 8-258 regarding second hand smoke in restaurants Purpose The ordinance creates a secondhand tobacco smoke awareness program intending to increase the knowledge of the general public about possible exposure to secondhand smoke in restaurants and promote informed personal decision making. Background Following a presentation by the Restaurant Smoking Task Force Chair and staff, numerous public comments, and discussion by council the first reading of the ordinance was approved on August 4, 2003. Proposed Ordinance Amending Chapter 8, Subdivision IV, Food and Beverage establishment license regulations, the proposed ordinance for second reading is presented to council without change from the first reading. If adopted, the ordinance would go into effect 15 days following publication. Implementation of the ordinance provisions would begin to occur when restaurants renew their 2004 food licenses during November/December 2003. Prepared By: Brian Hoffman, Director of Inspections Manny Camilon, Environmental Health Official Approved By: Charles W. Meyer, City Manager Attachments Attachment A – Proposed Ordinance St. Louis Park City Council Agenda Item: 081803 - 4a - Second Hand Smoke Ordinance Page 2 of 4 Attachment A ORDINANCE NO. ___________ CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 8-258 OF THE ST. LOUIS PARK CODE OF ORDINANCES RELATING TO THE TESTING AND DISCLOSURE OF ENVIRONMENTAL TOBACCO SMOKE IN FOOD AND BEVERAGE ESTABLISHMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 8-258 of the St. Louis Park Code of Ordinances is amended to read in its entirety as follows: Sec. 8-258. Regulations and Standards. (a) All food and beverage establishments and food vending machines licensed under this subdivision shall comply with the city’s food code as set forth in section 12-1 of this Code. (Ord. No. 2181-00, § 4(16-304C.), 11-6-2000; Ord. No. 2198-01, § 2, 5-21-2001) (b) Except for smoke-free establishments, all food and beverage licensees providing indoor seating for consumption of prepared food and beverage products shall be subject to the following testing and disclosure of environmental tobacco smoke requirements: (1) A testing surcharge fee to be paid in addition to the regular license fee. (2) Licensee shall allow the city or designated representative access to the licensed premises to perform collection of air samples from the designated non-smoking section a minimum of three times per year. Collection times will be randomly selected by the city and occur during the establishments normal business hours. Two air samples of 100 liters each will be collected simultaneously by equipment placed on tables or stands separated by a distance of not less then half the distance of the area being sampled. The licensee shall ensure that the sampling equipment is not disturbed or tampered with for the duration of the test. St. Louis Park City Council Agenda Item: 081803 - 4a - Second Hand Smoke Ordinance Page 3 of 4 (3) Collected samples will be laboratory analyzed for nicotine concentration using NIOSH (National Institute on Occupational Safety and Health method 2544). The results of all samples for each establishment will be averaged for the year. The resulting average nicotine concentration will be identified in micrograms per cubic meter. (4) Each establishment will be provided with a business specific disclosure notice(s) with the annual license. The notice(s) shall be placed by the licensee on the inside of all transparent entrance door(s) or sidelights into the establishment so as to be visible for the entering public and employees. When no translucent material is present at the entrance door(s), then the disclosure notice(s) shall be located on an interior side wall adjacent to the entrance door(s) approved by the city as the most visible location for the entering public. Only a single sign is needed for each entrance door or pair of doors when the doors are together. Each disclosure notice shall identify the food and beverage establishment by name, disclosure to the public that they may be exposed to environmental tobacco smoke in the non-smoking seating section, and the average level of nicotine sampled. New disclosure notices will be issued for each calendar year. (5) Establishments shall make available public education pamphlets, supplied by the city, providing information on environmental tobacco smoke and the disclosure notice. Pamphlets shall be displayed on a wall or tabletop dispenser in an easily accessed location as near to each disclosure notice as practically possible. The establishment is responsible to maintain a supply of the pamphlets on display and must notify the city if additional pamphlets are needed. (6) The public education pamphlets on environmental tobacco smoke and a training session explaining the disclosure notice shall be provided to every employee by the licensee within thirty days of the initial disclosure notice posting and at the time of hire for new employees. (7) Establishments making substantial improvements in building design or mechanical operating systems intended to reduce environmental tobacco smoke concentrations may request additional samples be collected and any relevant improvement be identified with a revised disclosure notice. (8) In order for an establishment to be considered smoke free and exempt from the requirements, it must prohibit the smoking of tobacco products within the building and have signage indicating a non-smoking environment at all public entrances. Signage must include, but is not limited to, the international non-smoking symbol with a minimum 3.5- inch cross dimension. St. Louis Park City Council Agenda Item: 081803 - 4a - Second Hand Smoke Ordinance Page 4 of 4 SECTION 2. Effective Date. This Ordinance shall be effective fifteen (15) days after its passage and publication. ADOPTED this ______ day of ____________, 2003, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By:___________________________ Jeffrey Jacobs, Mayor ATTEST: _______________________________ Cynthia Reichert, City Clerk APPROVED AS TO FORM: ________________________________ City Attorney St. Louis Park City Council Agenda Item: 081803 - 4b - Award Contract for Refuse Carts Page 1 of 1 4b. Bid Tabulation: Motion to designate Rehrig Pacific, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $454,892.00 for refuse cart purchase. BACKGROUND: Over the past 2 years Solid Waste program changes have been discussed with the public and approved by Council. One of the changes is to go to volume based collection in an effort in increase recycling volumes. The purchase of carts allows the City to move to volume based collection, as well to address litter problems. BID ANALYSIS: Bids were received on Monday, August 11, 2003 for the purchase of 13,400 refuse carts. The planned purchase is for 30-gallon, 60-gallon, and 90-gallon carts. An advertisement for bids was published in the St. Louis Park Sun-Sailor on July 31, 2003. Staff also contacted several other national cart venders to notify them of the pending cart bid. Following is a summary of the bid results: Bidder Total Cost Rehrig Pacific $ 454,892.00 Waste Management $ 502,313.00 EVALUATION OF BIDS: A total of two (2) suppliers submitted bids. A review of the bids indicates Rehrig Pacific submitted the lowest bid. Rehrig Pacific has satisfactorily supplied the City with recycling bins in the past and is the City’s current recycling bin supplier. FINANCIAL CONSIDERATIONS: All of the costs for the cart purchase will be paid from the Solid Waste Fund. The bid amount is under the City’s budget amount for cart purchase. Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 1 of 7 4c. Motion to approve second reading of a zoning map amendment to change the zoning designation from IG –General Industrial and IP – Industrial Park to R4— Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use for properties located at 3630 Wooddale Ave, 3601 Wooddale Avenue, 5810 37th Street W., 5957 37th Street W., 5951 37th Street W., 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street subject to approval of the amendments to change the Comprehensive Plan land use designations from Industrial to Office, Medium Density Residential, Park, and Commercial Mixed Use by the Metropolitan Council, approve summary Ordinance and authorize publication. Case No. 03-32-Z Current Zoning (See attached map in supplement): 3630 Wooddale Avenue IG –General Industrial 3601 Wooddale Avenue IP – Industrial Park 5810 37th Street W. IP – Industrial Park 5957 37th Street W. IG –General Industrial 5951 37th Street W. IG –General Industrial 5912 Oxford St IG –General Industrial 5916 Oxford Street IG –General Industrial 5920 Oxford Street IG –General Industrial 5926 Oxford Street IG –General Industrial Total Area: 9.5 acres Current Land Use Vacant Industrial Building, Office Other required City approvals: CUP or PUD, Subdivision, Vacation of 37th Street W. between Wooddale and Alabama Background: August 18, 2003, the City Council approved an amendment to the Comprehensive Plan land use designations and first reading of an Ordinance to amend the zoning designations for the above property subject to approval of the Comprehensive Plan amendments by the Metropolitan Council. The amendments have been submitted to the Metropolitan Council for their approval. Approval of second reading of the zoning map changes is also subject to Metropolitan Council approval of the Comprehensive Plan amendments. The zoning changes are to implement a redevelopment of the Quadion property in St. Louis Park. The proposal is to retain the existing office building west of Wooddale and redevelop the remaining with residential. There are no firm plans for the east side of Wooddale at this time. Subsequent approvals will be required for subdivision, CUP or PUD, and the vacation of 37th Street. St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 2 of 7 The Planning Commission reviewed the proposals at a public hearing on July 2, 2003, and recommended approval of both the Comprehensive Plan and Zoning map amendments on a vote of 5-1. The opposing vote objected to preserving the existing office building. The proposed zoning meets with the recommendations of the Elmwood Area Land Use, Transit, and Transportation Study that was completed in January 2003. The Study recommendation for the Quadion property west of Wooddale Avenue was for residential land uses designed in a manner where densities transitioned from lower in the southern part of the site to higher in the northern part of the site. The recommendation for the property east of Wooddale Avenue was for mixed-use and park (see detailed analysis below). Subsequent to completion of the Elmwood Study, Quadion has entered into an agreement with Rottlund Homes to redevelop all of their property in the Elmwood area. Rottlund is considering partnering with other development companies to develop senior rental on a portion of the western side of Wooddale and mixed use on the eastern side. This proposal is the first step toward that end. Subsequent to this proposal, other applications will include both a replat and PUD. Quadion Corporation does not own the single family home at 5912 Oxford or the duplex at 5920 Oxford Street and has asked the City to initiate Zoning amendments for those properties. Both property owners are aware of the request, and both have been approached by Rottlund Homes and know about their desire to redevelop the area. Quadion owns all of the remaining properties that are the subject of this request. There have been several neighborhood meetings conducted by the developer. Generally, the neighborhood seems supportive of the preliminary concept plan for the site indicating that although the neighborhood would prefer single family redevelopment, the proposal was a good compromise containing owner-occupied and senior housing options. The developer intends to continue to work with the Elmwood Neighborhood throughout the site planning process.. Proposal: The developer is proposing to retain the 4-story office building on Alabama Avenue and to redevelop the remaining properties west of Wooddale Avenue with townhouses, condos, and senior apartments. The property east of Wooddale Avenue would be redeveloped with commercial mixed use and a small pocket park/plaza on the corner of Wooddale and 36th Street. Several additional processes are required prior to any new construction including a vacation of 37th Street between Wooddale Avenue and Alabama, a subdivision, and PUD. St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 3 of 7 The Elmwood study anticipated the need for additional right of way on Wooddale Avenue in order to expand it to a 4-lane divided boulevard. A traffic study is currently in process and nearing completion that has identified the need for a 100-foot right of way. (The existing right of way is 66 feet.) The additional right of way needs will be addressed in the future replat of the property. Even though the developer has submitted a conceptual redevelopment plan, which is included with this report, the merits of the current proposed amendments must be viewed separately. Additional approvals: In addition to approval of second reading of the ordinance to rezone the properties, several other approvals will also be required. § The Metropolitan Council must approve the Comprehensive Plan, and any approval of a rezoning is contingent upon this approval. § 37th Street West will need to be vacated between Wooddale Avenue and Alabama Avenue to accommodate the concept plan. This requires Planning Commission and City Council action. § The property will need a replat to recombine the various parcels within the proposed area. The City would look for additional dedication of right-of-way on Wooddale Avenue and the vacated 37th Street would be included in the plat. § The development will require a CUP/PUD. Traffic, access, open space, drainage, storm water retention, architecture, and other issues will be addressed during this approval process. It is likely the developer will combine a PUD with a plat and these will be reviewed simultaneously. The developer has stated that the intent is to begin construction early summer 2004. Recommendation: Staff and the Planning Commission recommend approval of second reading of zoning map amendments to change the zoning designation from IG –General Industrial and IP – Industrial Park to R4—Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use subject to approval of the Comprehensive Plan amendments by the Metropolitan Council. (See attached exhibits.) Attachments: Ordinance adopting zoning ordinance map amendments Summary ordinance Concept of Proposed Development Prepared by: Judie Erickson, Planning Coordinator Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 4 of 7 ORDINANCE NO.__________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 3630 Wooddale Ave. 3601 Wooddale Ave. 5810 37th St. W. 5957 37th St. W. 5951 37th St. W. 5912 Oxford St. 5916 Oxford St. 5920 Oxford St. 5926 Oxford St. THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the lands as shown below from their existing land use district classification to the new land use district classifications as indicated on the map below: R4 MX RC37TH ST W 36TH ST W OXFORD ST WO O D D A L E A V E S TH 7 St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 5 of 7 From To 3630 Wooddale Ave. IG Gen Industrial R4 Multi Family Residential 3601 Wooddale Ave. IP Industrial Park MX Mixed Use 5810 37th St. W. IP Industrial Park MX Mixed Use 5957 37th St. W. IG Gen Industrial RC Multi Family Residential 5951 37th St. W. IG Gen Industrial R4 Multi Family Residential 5912 Oxford St. IG Gen Industrial R4 Multi Family Residential 5916 Oxford St. IG Gen Industrial R4 Multi Family Residential 5920 Oxford St. IG Gen Industrial R4 Multi Family Residential 5926 Oxford St. IG Gen Industrial R4 Multi Family Residential Section 2. The ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendments. Adopted by the City Council August 18, 2003 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney 03-32-Z:res/ord St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 6 of 7 SUMMARY ORDINANCE NO._____________ AN ORDINANCE CHANGING BOUNDARIES OF ZONING DISTRICTS This ordinance states that land use district classifications for the following properties will change as follows: From To 3630 Wooddale Ave. IG Gen Industrial R4 Multi Family Residential 3601 Wooddale Ave. IP Industrial Park MX Mixed Use 5810 37th St. W. IP Industrial Park MX Mixed Use 5957 37th St. W. IG Gen Industrial RC Multi Family Residential 5951 37th St. W. IG Gen Industrial R4 Multi Family Residential 5912 Oxford St. IG Gen Industrial R4 Multi Family Residential 5916 Oxford St. IG Gen Industrial R4 Multi Family Residential 5920 Oxford St. IG Gen Industrial R4 Multi Family Residential 5926 Oxford St. IG Gen Industrial R4 Multi Family Residential This ordinance shall take effect upon Metropolitan Council approval of associated Comprehensive Plan amendment. Adopted by the City Council August 18, 2003 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: August 28, 2003 03-32-Zsum:res-ord St. Louis Park City Council Agenda Item: 081803 - 4c - Zoning Map Change for Quadion site Page 7 of 7 Concept Plan St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 1 of 20 4d. Motion to approve Second Reading of amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying motor vehicles sales accessory uses, approve summary and authorize publication. Case Nos. 03-16-ZA Background: On August 4, 2003, the City Council approved first reading of the attached ordinance amendments that effect several sections of the code and clarify standards, rectify ambiguous text, and simplify and unify language. On May 21, 2003 the Planning Commission held a public hearing and considered the zoning ordinance amendments. No one from the public attended. The Planning Commission discussed the open space provisions for small schools and accessory uses for motor vehicle sales. The Planning Commission recommended approval of the proposed ordinance amendments, on a vote of 4-1, requesting that staff review motor vehicle sales and include a maximum percentage for associated autobody/painting as an accessory use. The Assistant Zoning Administrator reviewed the existing motor vehicle sales uses and found that autobody/painting generally encompasses approximately 25-30% of existing motor vehicle sales/service buildings. Staff included a 30% limitation in the ordinance and the Council approved first reading of same. The use could not be placed in a stand-alone building, since it is not allowed as a principal use in the Commercial Districts. Other conditions for accessory autobody/painting, such as a minimum 300 feet setback from residential, would also have to be met. On June 16, 2003, the City Council deferred first reading of the proposed ordinance to the July 28 study session to discuss the amendments related to shopping centers. As a result of that discussion, changes were made to the proposed ordinance that limit the parking reduction for restaurants in shopping centers to 25% of the gross building area and allow the parking reduction only for shopping centers over 20,000 square feet. Proposed Amendments: The proposed ordinance addresses the following: § Clarifies consistency in setbacks of various commercial uses from residential districts. § Clarifies and amends parking standards for restaurants in shopping centers. § Amends the definition of a shopping center. § Modifies how shopping centers are permitted in the C1 and C2 Zoning Districts. St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 2 of 20 § Modifies land use description for Motor Vehicle Sales and associated accessory uses. § Reclassifies Uses in C1 Neighborhood Commercial District. § Modifies Table 36-115A of the Zoning Code to reflect these changes. § Requires conditional use permits for small schools in the Commercial Districts. Attachment: Ø Proposed Ordinance Ø Proposed Summary Ordinance Prepared by: Julie Grove, Gary Morrison, Judie Erickson, and Janet Jeremiah, Planning Div. Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 3 of 20 ORDINANCE NO. 2248-03 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-115A, 36-142, 36-163 – 167, 36-193 – 194, 36-223, 36-242 – 244, and 36-361 RELATING TO CREATING CONSISTENCY IN STANDARDS RELATIVE TO SETBACKS FROM RESIDENTIAL DISTRICTS, CLARIFYING PARKING STANDARDS FOR RESTAURANTS IN SHOPPING CENTERS, CORRECTING RETAIL AND SHOPPING CENTER DESCRIPTIONS AND APPROVAL CATEGORIES, REQUIRING CONDITIONAL USE PERMITS FOR SMALL SCHOOLS IN COMMERCIAL DISTRICTS, AND CLARIFYING THE MOTOR VEHICLES SALES ACCESSORY USES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-16-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-115A, 36-142, 36-163 – 167, 36- 193 – 194, 36-223, 36-242 – 244, and 36-361 is hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. Section 36-115 St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 4 of 20 TABLE 36-115A Zoning Districts R-1 R-2 R-3 R-4 R-C C-1 C-2 O I-P I-G M-X Human care uses *** Medical/dental offices N N N N CU PC P PC N N PUD Funeral home N N N N N PC P N N N N Institutional uses Educational/acade mic PC PC PC PC/CU P PC CU CUP CU CUP N N N PUD Libraries PC PC PC PC PC P PC P PC N N PUD Museums/art galleries N N N N N P PC P PC N N PUD Police/fire PC PC PC PC PC P PC P P P P PUD Commercial uses Bank N N N N N PC P P N N PUD Business/trade school N N N N N PC P P P P N Office N N N A PUD/PC PC P PC CU/A CU/A PUD Retail N N N A A P PC P PC A A PUD Retail, large item N N N N N P PC P N A A N Shopping Center N N N N N N PC PC PUD N N N Industrial uses Auto body/paint PC N N N N N N A N N PC N Transportation Parking lot A A A A A A PC/A A PC/A A PC/A A PC/A A PC/A A Parking business N N N N N P PC P P N N N Transit station PC PC PC P P P PC P P P P PUD *** St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 5 of 20 *** Section 36-142 (d)(18) Motor vehicle sales (18) Motor vehicle sales means display, sale, and rental of automobiles, trucks and recreational vehicles from an indoor showroom facility and may include an outdoor sales lot; motor vehicle service and repair and autobody/painting often occur in conjunction with this use. Characteristics may include outdoor activity, banners and lights for promotion and advertising, outdoor sound systems, truck deliveries, night and weekend operating hours, and test driving on nearby streets. *** Section 36-142 (d)(30) Shopping Center Definition (30) Shopping Center means a group of commercial uses planned, owned and managed as a unit that has common parking facilities. Shopping centers may include more than one building and more than one contiguous property and owner if approved under a single conditional use permit or planned unit development. *** R-1 Single Family Residence District. *** 36-163(c)(2)a. (Communication Centers) The building shall not be located within 50 feet of any lot line of any a lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** Section 36-163(c)(2)c. (Communication Centers) Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an R district, parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, and shall be buffered from any such residential lot with a bufferyard D. *** St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 6 of 20 Section 36-163 (d)(2)b. (Public Service Structures) All structures shall be located a minimum of 15 feet from any lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** Section 36-163 (d)(3) (Golf Courses) Golf courses. The condition for a golf course is that all structures on the golf course shall be located a minimum of 30 feet from any adjacent lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. Section 36-163 (d)(4) (Country Clubs) Country clubs. The condition for country clubs is that all structures shall be located a minimum of 30 feet from any adjacent lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** R-2 Single Family Residence District. *** Section 36-164 (d)(2)b. (Public Service Structures) All structures shall be located a minimum of 15 feet from any lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** R-3 Two Family Residence District. *** 36-165(d)(2)b. (Public Service Structures) All structures shall be located a minimum of 15 feet from any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 7 of 20 R-4 Multiple Family Residence District. *** 36-166(d)(2)b. (Public Service Structures) All structures shall be located a minimum of 15 feet from any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-166(d)(7)f. (Office Less Than 2,500 Square Feet) The parking areas shall be set back at least five feet from any abutting lot located within an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, and shall conform with all provisions of section 36-361. *** 36-166(f)(13)a. (Parking Ramps, Accessory Use, Height) The height of any parking ramp located within 200 feet of any R-1, R-2 or R-3 district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers.may not penetrate the height of a line commencing at and perpendicular to the use district said parcel line and extending upward and away from the R-1, R-2 or R-3 district line said parcel at a slope of five horizontal feet for each vertical foot. 36-166(f)(13)b. (Parking Ramps, Accessory Use, Structure) The minimum required yard for any parking ramp located within 200 feet of an R district any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. *** 36-166(f)(13)d. (Parking Ramps, Accessory Structures, Lighting) If the parking ramp is located within 400 feet of any property in an R district, parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within the R district said parcel ten feet lower than the maximum structure height of that use in the R district at a distance of 400 feet from the wall of the parking ramp nearest to the R district. said parcel. St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 8 of 20 *** R-C High Density Multiple Family Residence District. *** 36-167(d)(3)b. (Public Service Structures) All structures shall be located a minimum of 15 feet from any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-167(f)(12)a. (Parking Ramps, Accessory Use, Height) The height of any parking ramp located within 200 feet of any R-1, R-2 or R-3 district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers.may not penetrate the height of a line commencing at and perpendicular to the use district said parcel line and extending upward and away from the R-1, R-2 or R-3 district line said parcel at a slope of five horizontal feet for each vertical foot. 36-167(f)(12)b. (Parking Ramps, Accessory Use, Structure) The minimum required yard for any parking ramp located within 200 feet of an R district any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. *** 36-167(f)(12)d. (Parking Ramps, Accessory Structures, Lighting) If the parking ramp is located within 400 feet of any property in an R district, parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within the R district said parcel ten feet lower than the maximum structure height of that use in the R district at a distance of 400 feet from the wall of the parking ramp nearest to the R district. said parcel. *** C-1 Neighborhood Commercial District St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 9 of 20 *** Section 36-193(b). C-1 neighborhood commercial district (b) Permitted uses. The following uses are permitted in the C-1 district if the use complies with the commercial restrictions and performance standards of section 36-192 and does not exceed intensity classification 4: (1) Libraries. (2) Museums. (3)(1) Park/open space. (4) Police/fire stations. (5) Transit stations. (6) Parking business. (7) Parking lot. (8) Medical/dental office. (9) Funeral home. (10) Banks. (11) Business/trade schools. (12) Office. (13) Retail. (14) Large item retail. (c) Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of the following uses if its use complies with conditions stated in section 36-192, and those specified for the use in this subsection (c). None of the following uses shall exceed intensity classification 4, except by conditional use permit: *** Section 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. *** (23) Educational (academic). a. When outdoor play areas are provided, a minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard D. This bufferyard shall include, as a minimum, an F3 fence as described in section 36-364. b. Outdoor areas designated from group activities shall be located a minimum of 25 feet from a lot in an R district. St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 10 of 20 c. Pickup/dropoff areas shall not conflict with other on-site or abutting land uses and shall not create congestion on public streets. Only automobiles and passenger vans shall be allowed to use an alley for pickup and dropoff of students. d. The size of the school shall be limited to 20 students. e. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. 23. (24) Residential/multifamily/cluster housing. The conditions are as follows: a. It is part of a commercial development permitted within the district. b. The building design and placement provide a desirable residential environment. c. Access to open space, plazas, and pedestrianways is provided. d. The housing is located above the ground floor. e. The minimum spacing between buildings is at least equal to the average heights of the buildings except where dwellings share common walls. f. The total number of units provided on an individual parcel does not exceed eight units. (24) Libraries. The condition for libraries is that these cannot exceed intensity classification 4 (25) Museums. The condition for museums is that these cannot exceed intensity classification 4 (26) Police/fire stations. The condition for police/fire stations is that these cannot exceed intensity classification 4 (27) Transit stations. The condition for transit stations is that these cannot exceed intensity classification 4 (28) Parking business. The condition for parking business is that these cannot exceed intensity classification 4 (29) Parking lot. The condition for parking lot is that these cannot exceed intensity classification 4 (30) Medical/dental office. The condition for medical/dental office is that these cannot exceed intensity classification 4 (31) Funeral home. The condition for funeral home is that these cannot exceed intensity classification 4 (32) Banks. The condition for banks is that these cannot exceed intensity classification 4 (33) Business/trade schools. The condition for business/trade schools is that these cannot exceed intensity classification 4 (34) Office. The condition for office is that these cannot exceed intensity classification 4 (35) Retail. The condition for retail is that these cannot exceed intensity classification 4 St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 11 of 20 (36) Large item retail. The condition for large item retail is that these cannot exceed intensity classification 4. (37) Shopping Centers. The condition for shopping centers is that these cannot exceed intensity classification 4. Section 36-193 (d) Conditional uses. *** (5)f. (Post Office Customer Service) Drive through and stacking areas shall not be within 100 feet of any lot in an "R" use district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless the entire facility and stacking areas are separated from said parcel the lot in an "R" use district by a building wall or bufferyard F. 36-193(d)(6)a. (In-vehicle Service & Sales) Drive-through facilities and stacking areas shall not be within 100 feet of any lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless the entire facility and stacking areas are separated from said parcel the lot in an R district by a building wall. *** 36-193(d)(7) Educational (academic). The conditions are as follows: a. When outdoor play areas are provided, a minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard D. This bufferyard shall include, as a minimum, an F3 fence as described in section 36-364. b. Outdoor areas designated from group activities shall be located a minimum of 25 feet from a lot in an R district. c. Pickup/dropoff areas shall not conflict with other on-site or abutting land uses and shall not create congestion on public streets. Only automobiles and passenger vans shall be allowed to use an alley for pickup and dropoff of students. d. The size of the school shall be limited to 20 students. e. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. *** St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 12 of 20 Section 36-194 C-2 General Commercial District *** Section 36-194(c)(19): (19) Shopping Center. The conditions are as follows: a. The shopping center development shall not exceed 200,000 shall be less than 50,000 square feet of gross floor area. *** 36-194(c)(21)a. (Parking Ramps, Height) The height of any parking ramp located within 200 feet of any R-1, R-2 or R-3 district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers.may not penetrate the height of a line commencing at and perpendicular to the use district said parcel line and extending upward and away from the R-1, R-2 or R-3 district line said parcel at a slope of five horizontal feet for each vertical foot. 36-194(c)(21)b. (Parking Ramps, Structure) The minimum required yard for any parking ramp located within 200 feet of an R district a parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. *** 36-194(c)(21)e. (Parking Ramps, Lighting) If the parking ramp is located within 400 feet of any property in an R district, parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within the R district said parcel ten feet lower than the maximum structure height of that use in the R district at a distance of 400 feet from the wall of the parking ramp nearest to the R district. said parcel. *** Section 36-194(d) Uses permitted by conditional use permit (24) Educational (academic) St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 13 of 20 a. When outdoor play areas are provided, a minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard D. This bufferyard shall include, as a minimum, an F3 fence as described in section 36-364. b. Outdoor areas designated from group activities shall be located a minimum of 25 feet from a lot in an R district. c. Pickup/dropoff areas shall not conflict with other on-site or abutting land uses and shall not create congestion on public streets. Only automobiles and passenger vans shall be allowed to use an alley for pickup and dropoff of students. d. The size of the school shall be limited to 20 students. e. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. 36-194(d)(2)o. (Motor Vehicle Sales) The storage lot shall be located a minimum of 100 feet from an R district. any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-194(d)(3)e. (Motor Vehicle Service & Repair) The building housing the use shall be located a minimum of 100 feet from any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. In the case of an automatic carwash where the vehicular entrance and exit doors do not face said parcel the R district within 100 feet, the building shall be located a minimum of 95 feet from said the R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-194(d)(10)f. (Post Office Customer Service) Drive through and stacking areas shall not be within 100 feet of any lot in an "R" use district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless the entire facility and stacking areas are separated from said parcel the lot in an "R" use district by a building wall or bufferyard F. *** 36-194(d)(11)a. (In-vehicle Sales or Service) St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 14 of 20 Drive-through facilities and stacking areas shall not be located within 100 feet of any lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless the entire facility and stacking areas are separated from said parcel the lot in an R district by a building wall. *** (14) Educational (academic). The conditions are as follows: a. When outdoor play areas are provided, a minimum of 40 square feet of outside play space per pupil must be provided and such space shall be screened with a bufferyard D. This bufferyard shall include, as a minimum, an F3 fence as described in section 36-364. b. Outdoor areas designated from group activities shall be located a minimum of 25 feet from a lot in an R district. c. Pickup/dropoff areas shall not conflict with other on-site or abutting land uses and shall not create congestion on public streets. Only automobiles and passenger vans shall be allowed to use an alley for pickup and dropoff of students. d. The size of the school shall be limited to 20 students. e. In multitenant buildings, the school shall have at least one separate building entrance or shall have an interior entrance that is within 50 feet of a common building entrance. *** 36-194(e)(1)c.1. (Shopping Centers, In-vehicle Sales or Service) Drive through facilities and stacking areas shall not be located within 100 feet of any lot in an R district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless the entire facility and stacking areas are separated from said parcel the lot in an R district by a building wall. *** Section 36-194 (f) Accessory uses. (9) Autobody/painting is permitted as an accessory use to motor vehicle sales if: a. Inoperable vehicles are stored indoors. b. The facility is located a minimum of 300 feet from any parcel that is zoned residential and used or subdivided for residential, or has an occupied institutional St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 15 of 20 building, including but not limited to schools, religious institutions and community centers. c. A bufferyard F is installed and maintained adjacent to any public way. d. The use is incorporated into the motor vehicle sales/service building and does not exceed 30% of the gross floor area of said building. *** 36-194(g)(1)a. (Dimensional Standards, Height) The building shall be at least 200 feet from any residentially zoned property. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** O Office District *** 36-223(d)(3)d. (Heliport) The helicopter pad shall not be located within 300 feet of any parcel in an R district that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-223(d)(9)a. (In-vehicle Sales or Service) Drive-through facilities and stacking areas shall not be located within 100 feet of any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-223(f)(2)a. (Parking Ramps, Accessory Use, Height) The height of any parking ramp located within 200 feet of any R-1, R-2 or R-3 district parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers.may not penetrate the height of a line commencing at and perpendicular to the use district said parcel line and extending upward and away from the R-1, R-2 or R-3 district line said parcel at a slope of five horizontal feet for each vertical foot. 36-223(f)(2)b. (Parking Ramps, Accessory Use, Structure) St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 16 of 20 The minimum required yard for any parking ramp located within 200 feet of an R district any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, shall be 50 feet. *** 36-223(f)(2)e. (Parking Ramps, Accessory Structures, Lighting) If the parking ramp is located within 400 feet of any property in an R district, parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, all light sources on the top deck of a parking ramp shall be below the sight lines drawn from a point one foot above the light source to any point within the R district said parcel ten feet lower than the maximum structure height of that use in the R district at a distance of 400 feet from the wall of the parking ramp nearest to the R district. said parcel. *** Industrial restrictions and performance standards; general provisions *** 36-242(10)g. Employee parking during temporary operations shall be located on the site as far as possible from the abutting R district. any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** I-P Industrial Park District *** 36-243(d)(1)d. (Heliport) The helicopter pad shall not be located within 300 feet of any parcel in an R district. that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-243(g)(4) (Minimum requirements) *** For properties abutting an R district, any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, the building height limitations are modified as follows: Within 100 feet of an R district, said parcel, the building heights shall not penetrate a St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 17 of 20 line commencing at a point 15 feet above the ground level at the required yard depth and sloping upward at a rate of one vertical foot for each two feet of horizontal distance. Structures further than 100 feet from said parcel from an R district are subject to the general height limitations in this district. *** I-G General Industrial District *** 36-244(c)(2)a. (Public Service Structures) Outdoor storage areas shall be located a minimum of 25 feet from any property located in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-244(c)(5)b. (Animal Handling) Where animals are boarded, the facility shall be located a minimum of 100 feet from any abutting properties located within an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-244(c)(10)e. (Motor Vehicle Service & Repair) No building shall be located within 100 feet of any lot in an R district. parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-244(d)(2)d. (Heliport) The helicopter pad shall not be located within 300 feet of any parcel in an R district. that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers. *** 36-244(f)(4) (Minimum requirements) *** St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 18 of 20 For properties abutting an R district, any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, the building height limitations are modified as follows: Within 100 feet of an R district, said parcel, the building heights shall not penetrate a line commencing at a point 15 feet above the ground level at the required yard depth and sloping upward at a rate of one vertical foot for each two feet of horizontal distance. Structures further than 100 feet from said parcel are subject to the general height limitations in this district. *** Off-street parking areas, paved areas, and loading spaces *** 36-361(d)(2)b. Location. All loading berth curb cuts shall be located 25 feet or more from the intersection of two street rights-of-way. No loading berth shall be located less than 50 feet from an R district any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions, and community centers, unless it is entirely within a building. Loading facilities shall not occupy the required front yard. In situations where access to the loading berth is directly from the street and no other practicable means of access exist, this screening requirement shall not apply. *** Section 36-361 (d)(20) Shopping Centers i. One space for each 220 gross square feet of floor area unless otherwise indicated in ii., iii., and iv. of this section. ii. Grocery stores within shopping centers would require one space for each 180 gross square feet of floor area. iii. Parking requirements for theaters within shopping centers shall be figured separately. iv. Parking requirements for full service restaurants and food service and theaters (including shared seating areas within malls), within shopping centers shall be figured separately unless the uses meet all of the following requirements: a. The shopping center floor area is over 20,000 gross square feet. b. The restaurant or food service does not have wait staff serving food directly to the customer while seated c. The restaurant or food service does not have an intoxicating liquor license d. The restaurant or food service does not have in-vehicle sales/service St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 19 of 20 e. The combined total of all restaurants and food services constitute less than 25% of the gross floor area of the building and shopping center Restaurants which provide less than full service and food services including designated seating areas located within shopping centers shall require one space per 220 square feet of gross floor area when restaurants constitute less than 50 percent of the gross floor area of the shopping center. If restaurants and food service constitute 50 percent or more of the gross floor area of the shopping center, the area exceeding 50 percent shall require one space for each 25 square feet of customer service area. *** Sec. 3. The contents of Planning Case File 03-16-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. Adopted by the City Council August 18, 2003 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk 03-16-ZA/N:res-ord City Attorney St. Louis Park City Council Agenda Item: 081803 - 4d - Misc. Zoning Ordinance Amendments Page 20 of 20 SUMMARY ORDINANCE NO._____________ MISCELLANEOUS ZONING TEXT AMENDMENTS CLARIFYING STANDARDS AND LANGUAGE RELATIVE TO SETBACKS, PARKING STANDARDS, MOTOR VEHICLES SALES ACCESSORY USES, DESCRIPTIONS, APPROVAL CATEGORIES, AND CONDITIONAL USE PERMITS FOR SMALL SCHOOLS This ordinance amends the Ordinance Code relative to creating consistency in standards regarding setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying the motor vehicles sales accessory uses. This ordinance shall take effect 15 days after publication. Adopted by the City Council August 18, 2003 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: August 28, 2003 03-16-ZAsum:res-ord St. Louis Park City Council Agenda Item: 081803 - 4e - Parking Restrictions on 14th & Kentucky Page 1 of 3 4e. Traffic Study No. 582: Motion to adopt the attached resolution rescinding parking restrictions on the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west and adopting the attached resolution authorizing the installation of permit parking along the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. Background: The City has received a request from the property owner at 1400 Kentucky Avenue South to remove the existing parking restrictions adjacent to his home on W. 14th Street. “No parking 9 a.m. to 2 p.m. Monday through Friday”. The parking restrictions were enacted in 1993 due to Metro Transit bus patrons parking on the Louisiana Avenue side streets to access bus service. At that time all the property owners along W. 14th Street supported the parking restrictions as a means to keep the all day parking from occurring. The resident at 1400 Kentucky did not live at this address at the time these parking restrictions were enacted and has requested they be changed to allow on-street parking via a parking permit. The City’s Policy on permit parking allows for permits to be issued for handicapped parking, in areas around schools where student parking would occur, and in areas where transit patrons park in residential neighborhoods. Since this area is impacted by transit patron parking it qualifies for permit parking. In order to approve this request the existing resolution must be rescinded and a new resolution approved which retains the remaining parking restrictions. In addition, a second resolution must be approved which allows the issuance of permit parking adjacent to 1400 Kentucky Avenue South. Staff recommends Council approve this request. The attached resolutions authorize this action/ request. Attachments: Map (Supplement) Resolutions (2) Prepared by: Carlton Moore, Superintendent of Engineering Reviewed by: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 4e - Parking Restrictions on 14th & Kentucky Page 2 of 3 RESOLUTION NO. 03-101 RESOLUTION AUTHORIZING INSTALLATION OF PERMIT PARKING ALONG THE SOUTH SIDE OF W. 14TH STREET FROM KENTUCKY AVENUE TO A POINT 140 FEET WEST TRAFFIC STUDY NO. 582 BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota that it is in the best interest of the City to establish a parking restriction based upon permit issuance along the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. BE IT FURTHER RESOLVED that parking shall not be permitted at any time unless the vehicle prominently displays a City issued parking permit on the left rear windshield. Emergency vehicles, governmental vehicles and commercial vehicles parked at curbside while work is conducted are exempt from these restrictions. BE IT FURTHER RESOLVED that the parking restriction enacted herein shall remain in effect as long as the resident resides at the above address and is in need of said restriction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: 1. Permit parking along the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. Reviewed for Administration: Adopted by the City Council August 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081803 - 4e - Parking Restrictions on 14th & Kentucky Page 3 of 3 RESOLUTION NO. 03-106 RESOLUTION AUTHORIZING INSTALLATION OF PARKING RESTRICTIONS ON W. 14TH STREET FROM KENTUCKY AVENUE TO MARYLAND AVENUE AND RESCINDING RESOLUTION NO. 93-151 TRAFFIC STUDY NO. 582 WHEREAS, the City of St. Louis Park, Minnesota has determined that the installation of parking restrictions will facilitate safer traffic movements along W. 14th Street; and WHEREAS, the City has conducted a study and has determined that previously adopted parking restriction on the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west are no longer necessary; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that Resolution No. 93-151 dated September 20, 1993 is hereby rescinded; and LET IT BE FURTHER RESOLVED THAT the Director of Public Works is hereby authorized to install the following controls: 1. “No-parking 9 a.m. to 2 p.m. Monday through Friday” restrictions along both sides of W. 14th Street from Kentucky Avenue to Maryland Avenue except on the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. Reviewed for Administration: Adopted by the City Council August 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081803 - 4f - Award Sidewalk & Trail Contract Page 1 of 2 4f. Bid Tabulation: Motion to designate O’Malley Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $268,936.35 for the 2003 Sidewalk Improvement Project – City Project No. 03-01A & 03-02A Background: This project was initiated in order to construct new sidewalk segments recommended in the Sidewalk, Trail, Bikeway and Crossings Plan. This is the third phase of the third year’s program. Because most of these segments will be financed with State Aid funds, Mn/DOT review was necessary and resulted in delaying the bidding until this Fall. The following sidewalk segments will be built under this contract: Street From To Side Walk /Trail Width Boulevard Width Aquila Ave. W. 34th St. Highway 7 W & E 6’ 0-6’ Texas Ave. Walker St. Mtka. Blvd. East 5’ 0’ Alabama Ave. W. 39th St. W. 36th St. E & W 5’ 0-5’ Wooddale Ave. Oxford St. TH 100 South 5’ 0’ W. 36/Wooddale Existing Trail by RR Alabama Ave. W & N 8’ 0’ Bid Analysis: Bids for these projects were received on August 12, 2003. An Advertisement for Bids was published in the St. Louis Park Sun-Sailor on July 31 and August 7, 2003 and in the Construction Bulletin on July 25 and August 1, 2003. A summary of the bid results is as follows: Contractor Bid Amount O’Malley Construction $ 268,936.35 Ron Kassa Construction $ 294,293.80 Thomas & Sons Construction $ 328,130.50 Sunram Construction * $ 359,079.95 Engineer’s Estimate $359,000.00 * Denotes correction upon extension. A total of four (4) contractors submitted bids. A review of the bids indicates O’Malley Construction submitted the lowest bid. This contractor has satisfactorily completed a number of similar projects for other cities in Minnesota. Staff has determined that O’Malley Construction submitted the lowest responsible bid and recommends that a contract be awarded to the firm in the amount of $268,936.35. St. Louis Park City Council Agenda Item: 081803 - 4f - Award Sidewalk & Trail Contract Page 2 of 2 Financial Considerations: The costs of this construction project will be paid using State Aid monies for all segments. Revenue Sources: Municipal State Aid Funds $268,936.35 Construction Timing: Staff will be meeting soon with the contractor to determine his schedule for work yet this Fall. All work is expected to be completed by late October. Prepared By: Carlton B. Moore, Engineering Program Coordinator Reviewed By: Michael P. Rardin, Director of Public Works Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 4g - Charter Commission Minutes of May 14, 2003 Page 1 of 3 MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA May 14, 2003 Council Chambers, City Hall I. Call to Order Chair Carver called the meeting to order at 7:02 p.m. Introductions and Attendance On April 29, 2003, Chief Judge Kevin S. Burke appointed Irving Lynne Carper to the Charter Commission. Commissioner Carper’s term shall expire on October 4, 2004. On April 29, 2003, Chief Judge Kevin S. Burke appointed Steve Fillbrandt to the Charter Commission. Commissioner Fillbrandt’s term shall expire on January 22, 2006. The Charter Commission welcomed Commissioner Carper and Commissioner Fillbrandt. It was moved by Commissioner Ornstein, seconded by Commissioner Ernst, to excuse the absences of the following members: Nathan Busch and James Schaefer. The motion passed 12-0. Mr. Pires said he will no longer be the staff liaison for the Charter Commission. Ms. Reichert will replace Mr. Pires as the staff liaison. A. Members Present: Paul Carver, Carol Walsh, Marilyn Hoeft, Irving Carper, Cheryl Ernst, Steve Fillbrandt, Linda Jennings, David Johnson, Janice Loftus, Michelle Olmstead, David Ornstein, and Michael Sixel. Brian Fiderlein arrived at 7:13 p.m. B. Members Excused: Nathan Busch, James Schaefer C. Members Unexcused: None D. Staff Present: Deputy City Manager Clint Pires; City Clerk Cindy Reichert; St. Louis Park League of Women Voters Celia Andersen; and Recording Secretary Linda Samson. E. Vacancies: None. II. Approval of Minutes of March 12, 2003 Commissioner Hoeft requested that for Item V, page 3, paragraph 1, line 1, will have be changed to is planning. St. Louis Park City Council Agenda Item: 081803 - 4g - Charter Commission Minutes of May 14, 2003 Page 2 of 3 It was moved by Commissioner Hoeft, seconded by Commissioner Olmstead, to approve the minutes of March 12, 2003 as amended. The motion passed 12-0. III. 2004 Charter Celebration/Civic Education Opportunities: Task Force Update Commissioner Walsh said she and Commissioner Jennings and Commissioner Loftus met with the League of Women Voters. Commissioner Fiderlein arrived at 7:14 p.m. Commissioner Loftus suggested inviting current and past mayors, city managers, and commissioners to attend a dinner with the League of Women Voters and/or an open house type of event. Ms. Anderson said the League of Women Voters has an elementary and a high school curriculum called “Skills for Democracy,” and the League of Women Voters is willing to go into the schools. Commissioner Loftus said the League of Minnesota Cities has charter information, however, they can not help with any educational implementation of it. Commissioner Jennings said the educational component could be scheduled to start in the spring and fall of 2004. Commissioner Loftus stated that Parktacular could be viewed as an initiator of events. Any hope to raise funds through the Minnesota Humanities Commission grant has been dashed and will probably not happen. Mr. Pires recommended the Charter Commission maintain communication with the City Council to affirm the Charter Commission’s direction for the celebration. Chair Carver said a timeline and status report should be given to the Business Council, and a status report to the City Council. Ms. Reichert suggested contacting Cindy Walsh, Director of Parks and Recreation, and request that Rick Birno, Recreation Superintendent, be involved. Mr. Pires suggested contacting Lynn Schwartz, Editor of the Park Perspective. Commissioner Jennings said she has talked to several school principals, and will contact a school communication director. Commissioner Carper and Commissioner Olmstead volunteered to help with fundraising. Commissioner Sixel suggested raising money for the St. Louis Park Community Fund with an underlying theme of “for the next 50 years.” St. Louis Park City Council Agenda Item: 081803 - 4g - Charter Commission Minutes of May 14, 2003 Page 3 of 3 Commissioner Walsh suggested the Charter Commission make a donation to the St. Louis Park Community Fund. From Commissioner Hoeft, one more marketing technique would be to send information home with school children. Commissioner Carper suggested the possibility of a permanent kiosk in one or more high traffic areas; he also suggested talking to the St. Louis Park Business Council. Chair Carver requested that information home with children (students) be added to the Marketing section of the 2004 St. Louis Park Charter Celebration list. Commissioner Olmstead said small, local foundations may be interested in the Charter Celebration, the Commission would just need to do some research. It was mentioned that some printing could, perhaps, be done by the City. Ms. Reichert suggested contacting printers and offer them a tag line in exchange for printing. IV. National Civic League Model City Charter, 8th Edition Mr. Pires distributed an article on “Renewing the Model City Charter: The Making of the Eighth Edition” by Christopher T. Gates and Robert Loper from Public Management. He said the Model City Charter (8th ed.) will arrive in the spring, and it may be another source for the City’s Charter Celebration. Commissioner Hoeft distributed information on instant runoff voting. V. Commissioner Vacancy Status There are no vacancies on the Charter Commission. VI. Future Meetings The next meeting of the charter Commission will be July 9, 2003 at 7:00 p.m. VII. Adjournment As there was no other business, at 8:45 p.m., it was moved by Commissioner Fiderlein, seconded by Commissioner Jennings, to adjourn. The motion passed 11-0. Minutes prepared by: Respectfully submitted by: Linda Samson Cynthia Reichert Recording Secretary City Staff Liaison and City Clerk St. Louis Park City Council Agenda Item: 081803 - 4h - Human Rights Minutes of May 21, 2003 Page 1 of 3 City of St. Louis Park Human Rights Commission Minutes – May 21, 2003 Westwood Room – City Hall Present Commission Members: Matthew Armbrecht, Cassandra Boddy, Colleen Clark, Kristen Edsall, Annie Gaffney, Julie Kirsch, Kristi Rudelius-Palmer, Ganesh Rameshrathinum and Chair Kristin Siegesmund Staff present: Martha McDonell, Liaison, and Kim Olson, Recording Secretary Approval of Agenda The agenda was then approved as presented. Approval of Minutes It was motioned by Ms. Rudelius-Palmer, seconded by Ms. Edsall, to approve the minutes as presented. The motion passed 9-0. Commissioner Reports Ms. Rudelius-Palmer reported that the Minnesota League of Human Rights had voted on the essays and St. Louis Park’s essay winner came in third place and will also receive a two hundred dollar cash prize. She mentioned that other local cities receive a much higher number of essays and that some schools have it as part of the curriculum. Ms. McDonell inquired when the state award would be given and Ms. Rudelius-Palmer replied that she tentatively thought it was June 15. Ms. Rudelius-Palmer also reported that the MN League of Human Rights appointed a new commission member whose focus is on human rights education. She stated that there is a new pilot program they are sponsoring that focuses on reducing and eliminating hate behavior as well new one-on-one counseling. Old Business Ice Cream Social Ms. Edsall reported that the ice cream social went well and they ran out of the globe key chains and erasers they were distributing. She stated that they had human rights trivia questions for everyone that visited the booth. Ms. Siegesmund had asked each visitor what he or she did for children in St. Louis Park. Ms. McDonell reported that books were handed out to parents and babysitters. Mr. Armbrecht suggested writing a letter to the city of Shoreview thanking them for allowing the commission the use of the book they had written. Essay Award Presentation Ms. McDonell reported that a presentation would be given to the winner, Anna Dzurik, at her school assembly on Thursday, May 29th. It would be held at Benilde-St. Margaret and the award would be presented by Mayor Jacobs. Mr. Armbrecht would like to thank the winner’s teacher and Ms. Rudelius-Palmer agreed. Ms. Gaffney suggested giving the teacher the human rights St. Louis Park City Council Agenda Item: 081803 - 4h - Human Rights Minutes of May 21, 2003 Page 2 of 3 library. Ms. McDonell stated that the essay winner would receive a plaque and a gift certificate to a bookstore. Audit Subcommittee Ms. Edsall reported that the subcommittee had met and has also set up several future meetings. She stated that they had developed a good framework on which to begin and would begin developing focus groups. She felt that the audit subcommittee was back on track. New Business Parktacular Ms. McDonell stated that there were two opportunities for the commission to participate in Parktacular. The commission could participate in the parade or set up a booth at the FARESHARE event or both. She stated that another possibility would be to set up a booth at the Fire Department’s Open House. The commission agreed to have a booth at the open house. Mr. Armbrecht would like to have referral cards to pass out that list various human rights websites. Commissioners Edsall, Gaffney, Rudelius-Palmer and Siegesmund volunteered to staff the booth. Chair Siegesmund emphasized having resources available that would interest the parents. Ms. Gaffney offered to prepare a flyer. Ms. McDonell suggested having a coordinator for the event and Ms. Edsall volunteered. Ms. Rudelius-Palmer suggested making some type of headband that the residents and children could wear. The commission discussed several ways to do this. Ms. Rudelius-Palmer also suggested thanking the Fire Department. The commission discussed what vehicles could be used in the parade and when the vehicle should be painted or decorated. They decided that the vehicle could be painted at the open house at the fire station and then driven the next day in the parade. Commissioners Edsall, Gaffney, and Rudelius-Palmer volunteered to be in the parade. Commissioners Clark and Rameshrathinum stated they would attend if they could make it. Ms. Rudelius-Palmer suggested rescheduling the meeting due to the fact that it falls on the same night as the parade. The Commission agreed they would not meet in June and will resume at the regular meeting in July. Peace Sites Ms. Rudelius-Palmer reported that there are currently no peace sites in St. Louis Park. Ms. McDonell asked Ms. Rudelius-Palmer to explain more about peace sites. Ms. Rudelius-Palmer explained that peace sites originated mainly through schools and are now becoming more popular in other community areas. A four-sided pole is anchored to the site and often times there will be a groundbreaking ceremony held to dedicate the site. Ms. Gaffney inquired about the cost of the posts and Ms. Rudelius-Palmer replied that the average cost is $250. Ms. Gaffney suggested asking businesses to fund a peace site or to make a donation. Chair Siegesmund suggested submitting a letter to the Sun Sailor to introduce the concept to the community and to encourage neighborhoods and businesses to become a peace site. Ms. Kirsch volunteered to draft a letter and Ms. Kirsch offered to do more research via the Internet. St. Louis Park City Council Agenda Item: 081803 - 4h - Human Rights Minutes of May 21, 2003 Page 3 of 3 Police Liaison The commission decided to discuss this issue at the next regular meeting. Other Ms. Rudelius-Palmer asked if compensation could be given to the commissioners to cover the cost of hiring babysitters when the commission meets. Ms. McDonell replied that she did not know what the city’s policy was on that and that she would research it. She reminded the commission about the major budget cuts the city is facing. Ms. Boddy reported that Diversity week had come and gone at the high school. She also reported that the Human Mosaic members are losing their commitment to the group. Mr. Armbrecht suggested that they get more support from the Human Rights Commission and Ms. Gaffney would like to have the commission get in touch with the group early on in the next year. Ms. Rudelius-Palmer stated that a replacement would need to be found for Ms. Boddy’s vacant seat after she leaves. Agenda for Next Meeting The following items were placed on the agenda: Vice Chair appointment, Human Mosaic, Police Liaison Adjournment It was motioned by Mr. Armbrecht, seconded by Ms. Boddy, to adjourn the meeting at 9:02 p.m. Respectfully submitted, Kim Olson, Recording Secretary St. Louis Park City Council Agenda Item: 081803 - 4i - Planning Commission Minutes of 7-16-03 Page 1 of 5 OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA July 16, 2003 -- 6:00 P.M. COUNCIL CHAMBERS MEMBERS PRESENT: Ken Gothberg, Dennis Morris, Carl Robertson Jerry Timian arrived at 6:25 p.m. MEMBERS ABSENT: Michelle Bissonnette, Phillip Finkelstein STAFF PRESENT: Judie Erickson, 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 July 2, 2003 Approval of the minutes occurred after Item 3A. Commissioner Morris moved to approve the minutes of July 2, 2003. The motion passed 4-0. 3. Hearings: A. Case Nos. 03-26-CUP and 03-41-VAR—Request by RSP Architects on behalf of Carlson Restaurants Worldwide for major amendment to the existing special permit for exterior modifications to TGI Friday's with a variance to the sign ordinance to increase the maximum allowable square footage of signage for the property--5875 Wayzata Boulevard Assistant Zoning Administrator Gary Morrison presented a staff report. Mr. Morrison reported that a special permit was approved in 1978 to allow the construction of a nine-story office building with a bank drive-in facility. That permit was subsequently amended in 1979 to allow the construction of a Class I restaurant, TGI Friday’s (“TGIF”). Staff could not find a hardship for the sign variance. Mr. Morrison said staff is recommending denial of the application for variance to the sign ordinance but is recommending approval of the amendment to the Special Permit with conditions. Mr. Morrison modified the first of the three conditions, listed on page 6 of the staff report, to read: The proposed elevations comply with the architectural ordinance requirement. Commissioner Morris asked, if the property owner were to divide the land, would it sit as a separate site and have its own required sign square footage? Mr. Morrison responded, if divided, it would fall into a category of 50,000 square feet (of property type) of the 200,000 square feet and that range would allocate a 300-square foot signage; and the metal frame surrounding the text blocking would be excluded from the total square footage of the sign. St. Louis Park City Council Agenda Item: 081803 - 4i - Planning Commission Minutes of 7-16-03 Page 2 of 5 Commissioner Morris asked what the rational is to require Class I material behind permanent awnings. Also, are awnings as much a part of the sign part of the building, e.g., as a golden arch on a McDonald’s, i.e., corporate identity. Commissioner Morris asked, How do we deal with the issue of the awnings obscuring Class I materials and actually being a site identification for corporate identity? Mr. Morrison said Class II material is behind the TGIF awnings and the awnings will not cover the glass. Mr. Morrison said an awning is considered signage if it has a logo or symbol on it. There was a discussion about the differences in signage for multi-tenant office and signage for multi-tenant retail. Kent Doble, said the entire site is currently over-signed, and this TGIF will be Carlson Restaurants Worldwide signature store; they are pursuing a new and updated look. Mr. Doble said he thinks two buildings on one site is hampering the issue. Commissioner Morris asked what ratio of TGIF restaurants are situated on multi-use lots, such as this St. Louis Park TGIF. Mr. Doble replied that this is a leased property. Mr. Doble commented that they do not want to consider the access road to the south as frontage for TGIF, and in reality they only have visibility or frontage on the north and just a bit of visibility on the west. Commissioner Robertson commented that the issue is about 39 square feet and not the total square footage. Commissioner Timian arrived at 6:25 p.m. Mr. Morrison responded that is correct, however, a variance would still be required because the main office building is over-signed. Commissioner Gothberg thinks it would not be problematic if TGIF went to a 107.89 square foot signage. Commissioner Gothberg said by 2005 the property needs to come into compliance, and it is not right to hold one tenant responsible for bringing the property into compliance. Mr. Morrison said granting a variance brings the property into compliance. Chair Robertson stated that to issue a variance for 739.6 square feet would bring the building to compliance and the 2005 deadline would disappear. Planning Coordinator Judie Erickson responded that Chair Robertson is correct but one option would be to put a sunset date on the variance and in the approval. St. Louis Park City Council Agenda Item: 081803 - 4i - Planning Commission Minutes of 7-16-03 Page 3 of 5 Bill Boyle, Project Manager, said it is a re-image program, not a remodel. Chair Robertson views the signage issue as a hardship because TGIF is sharing property with an owner who has consumed the allowable signage. Chair Robertson opened the public hearing. With no one wishing to speak, Chair Robertson closed the public hearing. Ms. Erickson said that she does not recommend a termination date on a variance, however, it may be an option to do so, as a condition of approval, a variance that the office building come into compliance in 2005. Commissioner Gothberg prefers a variance that would allow the same signage that currently exists until a specific date in 2005, and that a letter would need to go out to the property owner. Chair Robertson suggested a variance for 750 square feet, and he likes the idea of removing one pole sign and a little more taken away from the building. Chair Robertson favors a sunset date that 750 reverts to 500 or ends and is revisited—and, he acknowledged it is setting up a battle in the future. Mr. Boyle said that is an issue, i.e., to spend money on a building knowing this issue will come up in a few years. Gerald A. Salveson, RSP Architects, said that legal counsel for TGIF needs to know about this. Mr. Boyle said he would like to maintain at least the current square foot signage. Chair Robertson commented that in 2005, signage across the site will be reduced. Mr. Boyle said he was unaware of that. Commissioner Morris raised the issue of, if the variance were granted, what would guarantee TGIF gets the signage and not the property owner? Commissioner Morris is in favor of granting the variance but is concerned about who will actually benefit in two years—will the property owner want to take signage away from TGIF? Chair Robertson commented that a hardship would need to be determined. It was moved by Commissioner Gothberg to recommend granting a variance to the site for signage totaling not more than 739.6 square feet, which is the existing site total, such variance to expire on January 1, 2005, with the additional recommendation that the applicant have meetings with the property owner(s) prior to the City Council meeting. St. Louis Park City Council Agenda Item: 081803 - 4i - Planning Commission Minutes of 7-16-03 Page 4 of 5 Chair Robertson would like to make an amendment to increase the square footage to 750 to encourage the reduction of one more pole sign with a bit more focus on building signage. Commissioner Gothberg said at this time he does not like granting a variance for increased signage because the City ordinance is attempting to decrease signage by 2005. The motion passed 4-0. It was moved by Commissioner Gothberg to recommend approval of a major amendment to the existing special permit for Carlson Restaurants Worldwide based upon the findings set forth and subject to the conditions recommended by staff. The motion passed 4-0. Commissioner Gothberg said when there are multiple tenants on a property, and there are signage issues, etc., it is imperative that property owners accompany applicants. At 6:50 p.m., the minutes of July 2, 2003 were approved (see item 2). B. Case No. 03-40-CP--Comprehensive Plan text amendment to add the planning principles, concept map and land use map recommended in the Elmwood Area Land Use, Transit and Transportation Study to the Chapter P--Redevelopment and to add language to Chapter U--Plan by Neighborhood that references the Elmwood Study and Chapter P as guidance for future redevelopment Ms. Erickson presented a staff report. Ms. Erickson made the following change to page 5, Planning Principles, the third bulleted item: delete townhouses. She reported that a change would also be made in the text of the Plan by Neighborhood section. Ms. Erickson said staff is recommending that the land use plan recommended by the Elmwood Study not be adopted into the Redevelopment Chapter at this time but simply include the concept plan because staff does not want to give indications that the City is approving comprehensive land use changes without a public hearing. Ms. Erickson also stated that the Planning Principles from page 5 of the staff report are intended to provide a framework for long-range planning, i.e., to be used as a guide for evaluating and directing future change. A discussion was held about residential density language in the Quadion area (west of Wooddale Avenue) and leaving the option open for single family residential in the area. Commissioner Morris commented on language regarding streetscape guidelines rather than land use. Ms. Erickson said that was a good point and a recommendation could be made to strike retail language, and evaluate change as it comes. Chair Robertson said the highest and best use needs to be proposed. St. Louis Park City Council Agenda Item: 081803 - 4i - Planning Commission Minutes of 7-16-03 Page 5 of 5 Commissioner Gothberg suggested that the word could rather than should may be more helpful in the principles text. Chair Robertson opened the public hearing. Michael Noonan, Rottlund Homes, said Rottlund Homes supports and fully endorses the recommendations of the staff report. Mr. Noonan cautioned that the removal of the word townhouses from the list of bulleted items under the Quadion area may give the wrong impression, and he thinks single-family homes are unlikely on this site given the financial dynamics. Chair Robertson closed the public hearing. It was moved by Commissioner Morris to recommend approval of the text amendments to Chapter P and Chapter U of Comprehensive Plan 2000-2020. The motion passed 4-0. 4. Unfinished Business 5. New Business A. Consent Agenda B. Other New Business 6. Communications A. Recent City Council Action - July 7, 2003 B. Other i. BOZA minutes April 24, 2003 7. Miscellaneous 8. Adjournment Chair Robertson adjourned the meeting at 7:10 p.m. Minutes prepared by: Respectfully submitted by: Linda Samson Nancy Sells Recording Secretary Administrative Secretary St. Louis Park City Council Agenda Item: 081803 - 4j - Housing Authority Minutes of July 9, 2003 Page 1 of 2 MINUTES Housing Authority St. Louis Park, Minnesota Wednesday, July 9, 2003 Westwood Room 5:00 p.m. MEMBERS PRESENT: Commissioners Catherine Courtney, Anne Mavity, Judith Moore, and Shone Row MEMBERS ABSENT: Chairman Bill Gavzy STAFF PRESENT: Jane Klesk, Michele Schnitker 1. Call to Order Commissioner Courtney called the meeting to order at 5:06 p.m.. 2. Approval of Minutes for June 11, 2003 The June 11, 2003 minutes were unanimously approved. 3. Hearings – None 4. Reports and Committees – None 5. Unfinished Business – None 6. New Business a. Election of Officers The election of officers was tabled until the August 13th Board meeting. b. Approval to Establish Section 8 Administrative Reserve Account Ms. Schnitker explained that HUD is considering instituting a regulation stating that if a HA has over 105% of the administrative fee that it earns annually in reserve, HUD will suspend paying the current fee due until the reserve level falls below 105%. Currently the HA earns an administrative fee per month for each unit that is under lease. HUD is also considering restricting the use of future HA reserves to only Section 8 program expenses. Presently the HA is allowed to use their reserve for other housing-related expenses as long as it meets State statute, however this may also be restricted. Commissioner Mavity moved to approve the establishment of a Section 8 Administrative Reserve Account in the amount of 2 75% of one month's expenses, and Commissioner Moore seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Mavity, Moore and Row voting in favor. c. Approval of Hamilton House Caretaker Contract After a brief explanation by Ms. Schnitker, Commissioner Mavity moved for approval of the Hamilton House Caretaker Contract, and Commissioner Row seconded the motion. The motion passed on a vote of 4-0, with Commissioners Courtney, Mavity, Moore and Row voting in favor. 7. Communications from Executive Director a. Claims List No. 7-2003 Commissioner Moore moved to ratify Claims List No. 7-2003, and Commissioner Row seconded the motion. The motion passed 4-0, with Commissioners Courtney, Mavity, Moore and Row voting in favor. b. Communications Ms. Schnitker distributed recent Planning Commission agendas along with copies of the Quadion report for the Commissioners' general information. (1) Monthly Report for July, 2003 (2) Scattered Site Houses and Hamilton House (3) Draft Financial Statement 8. Other Commissioner Mavity asked that the HA staff come back to the Board at the August 13th meeting with a suggested target level, reflected in a percentage basis, for the General Fund reserve. Ms. Schnitker added that staff would also include Public Housing and Section 8 administrative reserve target balances. 9. Adjournment Commissioner Mavity moved for adjournment. Commissioner Moore seconded the motion, and the motion passed on a vote of 4-0 with Commissioners Courtney, Mavity Moore and Row voting in favor. The meeting was adjourned at 5:55 p.m. Respectfully Submitted, Shone Row, Secretary St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 1 of 9 1 8a. Resolution Setting Public Hearing for Park Nicollet Health Services Private Activity Revenue Bonds and Approving Public Hearing Notice Park Nicollet Health Services is requesting to refund approximately $200 million of outstanding private activity revenue bonds and issue approximately $80 million in new debt to construct a heart and vascular center. Recommended Action: Motion to set a public hearing for September 15, 2003 for Park Nicollet Health Services Private Activity Revenue Bonds and to approve the public hearing notice. Background: On November 25, 2002, representatives of Park Nicollet Health Services (PNHS) attended a Council Study Session in order to give an update on their planned campus expansion at Methodist Hospital. Since that time, representatives from Park Nicollet and City Staff have been meeting to discuss the details of the expansion project and financing. Since last November, there have been 10 neighborhood meetings held to ensure the Community has an awareness of this project and to address concerns they may have. In June, the City Council approved the EAW for the project and determined that no further formal environmental review was necessary. On August 6, the Planning Commission held a public hearing and recommended approval of the preliminary PUD for the Methodist expansion project. The City Council is expected to review the preliminary PUD during its meeting on September 2. Current Status: On August 11, 2003, the Council discussed Park Nicollet’s request for refunding old debt and issuing new debt. At that time, Council was in favor of allowing Park Nicollet to proceed with this bond issue with the condition that all approvals are met prior to any new bond proceeds being expended. This condition does not apply to issuance costs or refunding bond proceeds. Uncompleted Items: Park Nicollet has several items that must be completed before or conjunction with the issuance of bonds. These items are listed below; • The Cities of Wayzata, Burnsville, and Maple Grove need to pass a resolution allowing the purchase of approximately $13 million of equipment for locations in these Communities. This is required because the City of St. Louis Park is issuing the bond that the proceeds will be used to purchase the equipment. The dates anticipated to go before City council at each city are either September 2nd or September 15th. Either date will be dependent on each city's schedule. • Park Nicollet and the City need to come to an agreement on the dollar amount that Park Nicollet will reimburse the City for due to the “bank qualification” issue. The City of St. Louis Park issued General Obligation bonds in 2003 and had to issue these bonds as non- bank qualified due to the pending Park Nicollet bond issue. If the bonds had been issued as St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 2 of 9 2 “bank qualified” then the interest paid by the City would have been reduced by an approximate present value of $11,700. • Approval of the PUD by the City Council. • Water Shed District approval of the plan. There is also many other bond details that need to be worked out. John Utley, Kennedy & Graven, is working with Park Nicollet on these details. Recommendation: Staff recommends approving the attached resolution authorizing a Public Hearing on September 15, 2003. In addition, staff recommends approving the attached Notice of Public Hearing. Attachments: Resolution Public Hearing Notice Prepared By: Jean D. McGann, Director of Finance Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 3 of 9 3 CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 03-102 CALLING FOR A PUBLIC HEARING REGARDING A FINANCING FOR THE BENEFIT OF PARK NICOLLET HEALTH SERVICES, METHODIST HOSPITAL, PARK NICOLLET INSTITUTE, PARK NIOLLET CLIINIC AND PNMC HOLDINGS TO FUND CONSTRUCTION OF FACILITY IMPROVEMENTS AND EQUIPMENT ACQUISITION AND INSTALLATION; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota (the “City”) as follows: Section 1. Recitals. 1.01. Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), authorizes the City to issue revenue bonds or other obligations to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a project constituting any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities. 1.02. Section 469.154 of the Act requires that no municipality or authority undertake any project authorized by the Act unless its governing body finds that the project furthers the purposes stated in Section 469.152 of the Act, nor until the Commissioner of the Minnesota Department of Employment and Economic Development (the “Department”) has approved the project on the basis of preliminary information the Commissioner requires, as tending to further the purposes and policies of the Act. Prior to submitting an application to the Department requesting approval of a project, the governing body of the municipality or redevelopment agency must conduct a public hearing on the proposal to undertake and finance the project. Notice of the time and place of hearing, and stating the general nature of the project and an estimate of the principal amount of bonds or other obligations to be issued to finance the project, must be published at least once not less than fourteen (14) days nor more than thirty (30) days prior to the date fixed for the hearing, in the official newspaper and a newspaper of general circulation of the municipality or redevelopment agency. The notice must state that a draft copy of the proposed application to the department, together with all attachments and exhibits, shall be available for public inspection following the publication of the notice and shall specify the place and times where and when it will be so available. St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 4 of 9 4 1.03. Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota nonprofit corporation, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the “Obligated Group”), has proposed that the City issue its revenue bonds or other obligations in one or more series in an aggregate principal amount not to exceed $290,000,000 (the “Bonds”) the proceeds of which will be loaned by the City to the Obligated Group to be applied by the Obligated Group to finance the following costs: (i) to finance (A) the construction and equipping of its Heart and Vascular Center at Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) at the facilities of the Obligated Group located at 250 N. Central Avenue in the City of Wayzata, Minnesota (collectively, the “Project”); and (ii) to redeem and prepay the outstanding principal amount of (A) the Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-B, issued by the City on November 15, 1990, (B) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993A (Fixed Rate), issued by the City on September 30, 1993, (C) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993B (Variable Auction Rate), issued by the City on September 30, 1993; and (D) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993C (Inverse Variable Auction Rate), issued by the City on September 30, 1993 (collectively, the “Prior Bonds”); and (iii) to finance the costs of issuing the Bonds. 1.04. Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder, require that prior to the issuance of the Bonds, the Bonds must be approved by the governmental unit which is proposing to issue the Bonds and each governmental unit having jurisdiction over the area in which any facility to be financed with the proceeds of the Bonds is located. Under Treasury Regulations, Section 5f.103-2, the Bonds will be deemed to have been approved in accordance with the requirements of Section 147(f) of the Code if the City Council of the City approves the Bonds after conducting a public hearing thereon and if the City Councils of the Cities of Burnsville, Maple Grove and Wayzata (Burnsville, Maple Grove and Wayzata are referred to collectively as the “Participating Cities”) approve the Bonds after each has conducted a public hearing thereon. Each public hearing must be preceded by reasonable public notice. Notice of the public hearing will be deemed to be reasonable if it is published no fewer than fourteen (14) days prior to the hearing in a newspaper of general circulation and if it includes the following information: (i) a general, functional description of the type and use of the facilities to be financed; (ii) the maximum aggregate face amount of obligations to be issued with respect to the facilities; (iii) the initial owner, operator, or manager of the facilities; and (iv) the location of the facilities by their respective street addresses. St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 5 of 9 5 Section 2. Public Hearing. The City Council of the City shall meet at 7:30 p.m. on Monday, September 15, 2003, to conduct a public hearing with respect to the proposal to issue the Bonds as requested by the Obligated Group. The City Finance Director is directed to authorize the publication of a notice of the hearing in substantially the form attached hereto as Exhibit A in the official newspaper of the City once, at least fourteen (14) days prior to the date of the public hearing. Section 3. Agreement. The City Council hereby approves the preparation and execution and delivery of a Joint Powers Agreement between the City and the Participating Cities (the “Agreement”) pursuant to which the City and the Participating Cities agree that the City shall issue the Bonds on behalf of itself and the Participating Cities for the benefit of the Obligated Group. The City Council hereby authorizes the execution and delivery of the Agreement by the Mayor and the City Manager of the City (or by other officers of the City who are authorized to execute and deliver the Agreement on behalf of the City in their absence). Section 4. Application to the Department. The preparation of the required application to the Department for approval of the Project and the issuance of the Bonds to finance the Project and to redeem and to prepay the Prior Bonds is hereby authorized to be undertaken by the Obligated Group and the officers, employees, and agents of the City. A draft copy of the application, together with all attachments and exhibits, shall be available for public inspection at the office of the City Finance Director following the publication of the notice of public hearing referred to in Section 2 hereof. Section 5. Actions Authorized. The law firm of Kennedy & Graven, Chartered is authorized to act as bond counsel and to assist in the preparation and review of necessary documents relating to the Project and the Bonds issued in connection therewith. The Mayor, City Manager and other officers, employees and agents of the City are hereby authorized to assist bond counsel in the preparation of such documents and are hereby authorized to execute and deliver, on behalf of the City, applications, confirmations and other documents determined by bond counsel to be necessary and appropriate with respect to the proposed issuance of the Bonds. Section 6. Costs. The Obligated Group will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued. The submission of the application to the Department for approval of the Project and the issuance of the Bonds is subject to the condition that the Obligated Group shall have executed and delivered to the City an agreement to pay or reimburse the City for any costs paid or incurred by the City in connection with the Project and the issuance of the Bonds. Section 7. Commitment Conditional. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Obligated Group. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 6 of 9 6 best interest of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1.03 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 8. Effective Date. This Resolution shall be in full force and effect from and after its passage. (The remainder of this page is intentionally left blank.) St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 7 of 9 7 Approved by the City Council of the City of St. Louis Park this 18th day of August, 2003. CITY OF ST. LOUIS PARK, MINNESOTA By Mayor By City Manager St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 8 of 9 8 EXHIBIT A CITY OF ST. LOUIS PARK, MINNESOTA NOTICE OF PUBLIC HEARING WITH RESPECT TO A PROJECT DESCRIBED IN MINNESOTA STATUTES, SECTIONS 469.152-469.165, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of St. Louis Park, Minnesota (the “City”) will hold a public hearing on Monday, September 15, 2003, at 7:30 p.m. at City Hall, 5005 Minnetonka Boulevard, to consider a proposal for the issuance of revenue bonds of the City under Minnesota Statutes, Sections 469.152-469.165, as amended (the “Act”), for the benefit of Park Nicollet Health Services, a Minnesota nonprofit corporation, Methodist Hospital, a Minnesota nonprofit corporation, Park Nicollet Institute, a Minnesota nonprofit corporation, Park Nicollet Clinic, a Minnesota nonprofit corporation, and PNMC Holdings, a Minnesota nonprofit corporation (collectively, the “Obligated Group”). The revenue bonds proposed to be issued by the City for the benefit of the Obligated Group (the “Bonds”) will be applied to the following costs: (i) to finance (A) the construction and equipping of a Heart and Vascular Center at Methodist Hospital located at 6500 Excelsior Boulevard in the City of St. Louis Park, the construction of a parking ramp and other improvements at Methodist Hospital, the construction of public infrastructure improvements with respect to the foregoing, and the acquisition and installation of equipment for Methodist Hospital, and (B) the acquisition and installation of (1) a computed tomography scanner (“CT Scanner”) and related equipment at the facilities of the Obligated Group located at 1400 Fairview Drive in the City of Burnsville, Minnesota, (2) a CT Scanner and related equipment at the facilities of the Obligated Group located at 15800 95th Avenue North in the City of Maple Grove, Minnesota, and (3) a CT Scanner and a magnetic resonance imaging scanner (“MRI Scanner”) and related equipment at the facilities of the Obligated Group located at 250 N. Central Avenue in the City of Wayzata, Minnesota (collectively, the “Project”); and (ii) to redeem and prepay the outstanding principal amount of (A) the Hospital Facilities Refunding Revenue Bonds (Methodist Hospital Project), Series 1990-B, issued by the City on November 15, 1990, (B) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993A (Fixed Rate), issued by the City on September 30, 1993, (C) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993B (Variable Auction Rate), issued by the City on September 30, 1993; and (D) the Health Care Facilities Revenue Bonds (HealthSystem Minnesota Obligated Group), Series 1993C (Inverse Variable Auction Rate), issued by the City on September 30, 1993 (collectively, the “Prior Bonds”)and (iii) to finance the costs of issuing the Bonds. The facilities financed with the proceeds of the Prior Bonds are owned by the members of the Obligated Group and the Project will be owned and operated by members of the Obligated Group. St. Louis Park City Council Agenda Item: 081803 - 8a - Park Nicollet Revenue Bonds Page 9 of 9 9 At the public hearing, the City Council will consider adoption of a resolution approving the issuance of the Bonds. The aggregate face amount of the Bonds proposed to be issued to finance the Project, redeem and prepay the Prior Bonds, and pay the costs of issuing the Bonds is presently estimated not to exceed $290,000,000. The Bonds will be issued by the City and will constitute limited obligations of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except interests in the Project that may be granted to the City in conjunction with this financing. A copy of the proposed application to the Commissioner of the Minnesota Department of Employment and Economic Development for approval of the Project, together with all attachments and exhibits, will be on file in the offices of the City on and after the date of publication of this notice. Anyone desiring to be heard during this public hearing will be afforded an opportunity to do so. Dated: _____________________ [Date of Publication] BY ORDER OF THE CITY OF ST. LOUIS PARK, MINNESOTA St. Louis Park City Council Agenda Item: 081803 - 8b - Solid Waste Ordinance Page 1 of 3 8b. First Reading of an Ordinance amending Chapter 22 of the St. Louis Park Code of Ordinances relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, and yard waste as well as for composting for residential properties. Recommended Action: Motion to approve First Reading of proposed Ordinance Code text amendments related to Solid Waste Management and set Second Reading for September 2, 2003. BACKGROUND: Solid Waste Program Goals include: • High quality service • Environmental stewardship • Cost effective services • Effective communication and continual evaluation of program and industry On Monday, July 14, 2003, Council discussed the necessary changes to the Solid Waste Management ordinance needed to implement the approved changes in the City’s Solid Waste Program. These changes address issues relating to the use of carts, the location of containers both during and after collection, addressing environmental items such as spills and composting, and items to provide residents more flexibility, such as a provision for extended absences. The suggested ordinance changes are a result of discussions over the period of two years between staff in St. Louis Park departments, as well as with staff in other cities, and with the Council. PROPOSED ORDINANCE AMENDMENTS: Require use of city carts for refuse/garbage collection. All residents serviced by the city-contracted collector must use city-owned and provided carts for collection of refuse/garbage. The purpose of the carts is to create a method for volume-based collection, a more efficient lower cost collection system; a more uniform look on collection days; elimination of exposed garbage that attracts birds and animals; elimination of litter from birds, animals and blowing of garbage; and cleaner streets, alleys and community. Require use of city bins for recycling collection. All residents serviced by the city-contracted collector must use containers provided by the City for collection of recycling. The recycling may be bagged in paper bags inside the containers. Require all wrapped & sealed refuse/garbage be stored within a city cart or in a bag marked with an “extra refuse” sticker. Under the revised ordinance, to be collected, the bags must either be placed within the city cart or marked with an “extra refuse” sticker available for purchase from the City. As before, any refuse or garbage set out for collection must be bagged or wrapped and sealed. Require that all cart lids must be completely closed, not overfilled and standing open. St. Louis Park City Council Agenda Item: 081803 - 8b - Solid Waste Ordinance Page 2 of 3 Overfilled carts with open lids attract birds and animals, which tear at the bags and spread litter in alleys, streets and neighboring property. Residents with too much garbage may purchase an “extra refuse” sticker, or increase their service level (and cart size). Require that all carts and yard waste bags/containers must be stored (during non-collection) in a location where the containers are not visible from the street or alley. Refuse carts and yard waste may be stored outside. Storage racks, hooks, shelves on the alley side of garages will no longer be allowed. The revised ordinance requires that the containers and bags must be stored in a location where they are not visible from the street or alley and are at least four (4) feet from a neighboring dwelling or structure. Require that all recycling bins must be stored inside during non-collection periods. Recycling bins must be stored indoors during non-collection days to prevent litter and material contamination from the open bins. Require that garbage, refuse, recycling or yard waste shall not be stored in in-ground containers or collected from any point below or above ground level. The current ordinance states that solid waste must be collected at ground level. The revised ordinance excludes use of in-ground containers to store solid waste. All solid waste must be collected from city carts (or bags with stickers) at ground level. No carts should be placed in a manner that requires a collector to lift the cart from above or below the ground. Require that all containers be kept clean & sanitary. All containers that store solid waste (whether garbage, refuse, recycling or compost) must be kept in a clean and sanitary condition. Require that yard waste containers & bags be no greater than forty (40) pounds in weight. The bags or containers must be able to be lifted by the yard waste collector and be no greater than 40 pounds in weight. Require containers be placed for collection by 7:00 a.m. on collection day and be retrieved by 7:00 p.m. and not be allowed to remain at the collection location for more than 24 hours. The collector begins at 7:00 a.m. on collection day and is finished by 6:00 p.m. Many residents tend to wait until later in the day to set garbage and recyclables out for collection and miss the driver if they are ahead in their route. Residents are responsible to have their items for collection out by 7:00 a.m. and to remove them from the collection location by 7:00 p.m. or as soon as possible thereafter for aesthetic purposes and safety purposes in some areas. Eliminate restriction of current 30-gallon garbage container size. The current ordinance restricts the size of a garbage container to 30 gallons. Since the trucks will have semi-automatic tippers to lift the carts there is no longer a need for the size restriction in the ordinance. St. Louis Park City Council Agenda Item: 081803 - 8b - Solid Waste Ordinance Page 3 of 3 Restrict container placement on the day of collection from the street, sidewalk or alley. Allows residents to set items in right-of-way for collection (excluding on the street, sidewalk, or alley), that was previously not allowed. Revise provision for extended absences. Residents who are gone from the city for an extended period of time may apply to the city for a temporary suspension of solid waste collection charges. The requirements have been modified to provide the residents more flexibility. Require multi-family buildings to post recycling education. Multi-family buildings are required to provide recycling opportunities for tenants. This provision also requires them to provide education to residents on how to recycle. The City and County have resources available to multi-family buildings for this purpose. Add compost requirements. This addition outlines proper composting techniques to reduce odors and vermin as well as addresses the type, size and location of compost bins or containers. It also identifies the materials to be composted (yard waste, garden waste and plant material). ISSUES / CONCERNS There are some resident concerns relating to the requirement that carts need to be placed in a location, during non-collection, where they are not visible from the streets and alleys. They feel this requirement is, at the least inconvenient, and at the most, impossible. The strongest concerns relate to corner properties, properties with alleys and without garages. Staff feels that if residents make a reasonable effort to locate or screen their container(s) on their property there should not be a problem. There has been some staff concern about selective enforcement or only enforcing upon complaint the requirement that carts need to be placed in a location, during non-collection, where they are not visible from the streets and alleys. In review with the City Attorney, he noted that selective enforcement for ordinances similar to this is very common both in our City and in surrounding communities. ATTACHMENT: Redline of Proposed Solid Waste Management Ordinance Prepared By: Scott Merkley, Sarah Hellekson Reviewed By: Joel Jamnik, City Attorney Through: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 1 of 7 8c. City Engineer’s Report: Sidewalk and Lighting Improvement Project - Park Commons Drive, City Project No. 03-11 This report considers the construction of new sidewalk on the north side of Park Commons Drive in accordance with the City’s sidewalk, trails, and bikeway plan Recommended Action: Motion to adopt the attached resolution approving plans and specifications and authorizing advertisement for bids for construction of concrete sidewalk and installation of pedestrian lighting Background: New sidewalk and decorative lighting, along the north side of Park Commons Drive, was contemplated in the overall plans for the Excelsior & Grand (Park Commons) area development. New sidewalk will facilitate pedestrian traffic to and from the Excelsior & Grand area as well as complete the streetscape improvements being installed by the developer along the southern portions of Park Commons Drive. These sidewalk segments were added to the City’s Sidewalk, Trail, Bikeway & Crossing Program as an amendment in 2001. Analysis: New sidewalk will be installed on the north side of Park Commons Drive at the following locations: § From Wolfe Parkway-east to Monterey Drive, adjacent to Westmoreland condos § From Wolfe Parkway-west to Quentin Avenue, adjacent to Wolfe Lake condos Decorative street lighting, identical to that in the Excelsior & Grand development, will be installed in conjunction with the sidewalk. Preliminary plans for this construction have been developed by Engineering staff. These plans have been routed through other City Departments for review and comment. Sidewalk-East (near Westmoreland Condos): In keeping with the guidelines established for the Sidewalk & Trail Program, staff attempted to design this segment with minimal tree removal. By placing the sidewalk directly adjacent to the curb, and installing the lightpoles behind the sidewalk clear area and between trees, staff was able to leave all of the existing trees in place. Although this layout of the poles is different from the other areas along Park Commons Drive, (where the lightpoles are placed 2’ behind the curb edge), staff feels the compromise in aesthetics is balanced by retaining these mature trees. As a result of the recent construction of the Excelsior & Grand development, these trees have already sustained damage to their root system. According to the City Forester, the project can be built, however, there is the possibility of tree loss if more damage is sustained. He will be on-site during construction to instruct and guide the contractor as to the best methods for trimming and cutting back roots. Wiring for the light poles will be buried directly beneath the sidewalk, in conduit, to minimize the amount of excavation St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 2 of 7 that needs to be done. Despite these efforts, some tree loss may occur. Any trees that are damaged or die, will be replaced, (with a typical, 2” diameter boulevard tree). Since the walk is only 4 feet in width, there is also the question of whether it serves the purpose for which it is intended. Because this area is oriented towards pedestrian traffic, staff feels having a minimal width walk is better than having no walk at all. Sidewalk-West (near Wolfe Lake Condos): In this area, there is existing walk on the north side of the street that “dead-ends” at Quentin Avenue. Steep grades would make it difficult and costly to construct the walk behind the existing curbline. Therefore, staff is proposing to narrow the street by 6-7’ and construct the sidewalk directly behind the new curb. Due to the final configuration of the Excelsior & Grand development, there is an alignment offset where the new Park Commons Drive connects to the old “39th Street” (just east of Quentin Avenue). Narrowing the street will help correct this alignment problem. Parking removal - Originally, staff anticipated retaining a number of parking spots on the south side of Park Commons Drive in this block. However, a portion of this side of the street, from the corner of Quentin to approximately 100 feet east, is already signed as “No Parking”. The Traffic Superintendent has recommended removing all of the parking along the south side of Park Commons Drive from Quentin Avenue to Princeton Lane. A portion of the street from Princeton Lane to approximately 150 feet west must be restricted to “No Parking” due to the alignment issue described above. Between these two areas of restriction, only one or two parking spots would have remained. Therefore, in reviewing this issue, and in discussions with the informational meeting attendees, staff determined that removing all of the parking on the south side of the street was beneficial. The north side of the street is currently signed as, “No Parking”. A letter regarding this parking removal was sent to Bally’s. A permit from the Minnehaha Creek Watershed District may be required for this work. Public Involvement: At the July 21, 2003 Council meeting, the City Council authorized staff to hold informational meetings to review the plans with adjacent residents. A meeting was held for each segment of the project on Thursday, August 7. Four residents/property owners attended the meeting near Westmoreland condominiums. In general, residents expressed positive interest in the project and desired more information on timing. 9 residents/property owners attended the meeting near Wolfe Lake condominiums. In general, residents expressed positive interest in the project. Several people questioned access during the project as well as concerns about the signage and operation of the intersection at Quentin and Park Commons Drive. Residents believed that a Stop sign had previously been installed on the southeast corner of the intersection but had not been replaced. After further investigation, staff has no knowledge of a Stop sign at this St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 3 of 7 location. Staff has sent a letter to the meeting attendees informing them that the City will evaluate the intersection to see if an additional Stop sign is warranted. Financial Considerations: All of the segments are anticipated to be funded using Development funds. The estimated cost, based upon the proposed plans, is $196,390. The manufacturing and delivery of the light poles will take a couple of months. In order to make sure the lights are available in time for installation, staff has solicited quotes for the light poles and fixtures in advance of the construction bidding. The construction contract will include the cost of installing the fixtures. A summary of the anticipated construction costs and pertinent design elements follows: Estimated Costs: Street From To Side Walk Width Blvd. Width Cost Park Commons Dr. Monterey Drive Wolfe Parkway- East North 4’ 0’ $45,204 Park Commons Dr. Quentin Ave. Wolfe Parkway- West North 5’ clear (7’ total) 0’ $69,203 [Light poles & fixtures] $45,000 Sub-Total $159,407 Contingency $15,941 Subtotal $175,348 Engineering & Admin. $ 21,042 TOTAL $196,390 Revenue Sources: Development Funds $196,390 Parking Removal: As mentioned previously, staff is recommending that the entire south side of Park Commons Drive from Quentin Avenue to Princeton Lane be signed for “No Parking”. Project Timeline: Should the City Council approve this report, it is anticipated that the following schedule could be met: Plan approval & authorization to advertise for bids August 18, 2003 Advertise for bids August/September Bid Tab Report to City Council September 15 Construction October thru November St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 4 of 7 Recommendation: It is recommended that the City Council adopt the attached resolutions which approve plans and specifications, authorize advertisement for bids, and remove parking on the south side of Park Commons Drive from Quentin Avenue to Princeton Lane. Attachment: Plans (supplement) Resolution-parking restrictions Resolution-authorizing solicitation of bids Informational Meeting attendance list Prepared by: Maria A. Hagen, City Engineer Reviewed By: Michael P. Rardin, Director of Public Works Approved by: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 5 of 7 RESOLUTION NO. 03-104 RESOLUTION APPROVING PLANS AND SPECIFICATIONS & AUTHORIZING ADVERTISEMENT FOR BIDS FOR SIDEWALK AND LIGHTING IMPROVEMENT PROJECT CITY PROJECT NO. 03-11 WHEREAS, the City Council of the City of St. Louis Park has received a report from the City Engineer related to the construction of sidewalk and the installation of pedestrian lighting on the north side of Park Commons Drive as identified in the Sidewalk, Trail, Bikeways and Crossing plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The plans and specifications for the making of the improvement, as prepared under the direction of the City Engineer, are approved. 2. The City Clerk shall prepare and cause to be inserted at least two weeks in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of said improvement under said-approved plans and specifications. The advertisement shall appear not less than ten (10) days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier’s check, bid bond, or certified check payable to the City for five (5) percent of the amount of the bid. 3. The bids shall be tabulated by the City Engineer who shall report her tabulation and recommendation to the City Council at the September 15, 2003 City Council meeting. Attest: Adopted by the City Council August 18, 2003 City Clerk Mayor Reviewed for Administration: City Manager St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 6 of 7 RESOLUTION NO. 03-105 RESOLUTION AUTHORIZING PARKING RESTRICTIONS ON PARK COMMONS DRIVE WHEREAS, the City of St. Louis Park, Minnesota has approved construction plans which will narrow Park Commons Drive to allow for the installation of sidewalks on the north side of the street; and WHEREAS, due to this narrowing there will be insufficient width to accommodate parking on the south side of the street from Quentin Avenue to Princeton Lane. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Director of Public Works is hereby authorized to install the following controls: “No Parking” along the south side of Park Commons Drive from Quentin Avenue to Princeton Lane Reviewed for Administration: Adopted by the City Council August 18, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 081803 - 8c - Sidewalk & Lighting Improvements Page 7 of 7 Sidewalk and Lighting Improvement Project - Park Commons Drive Wolfe Lake Parkway to Monterey Drive Informational Meeting 8/7/03, 6:30 p.m. Attendees Elly Fisher Westmoreland condominiums S. Peter Gadli Westmoreland condominiums Ruth Rasmussen Westmoreland condominiums Sidewalk and Lighting Improvement Project - Park Commons Drive Quentin Avenue to Wolfe Lake Parkway Informational Meeting 8/7/03, 7:15 p.m. Attendees Nora Hansen Wolfe Lake condominiums Philip Melmer 4820 Park Commons Dr., #328, Wolfe Lake condominiums Fran Rutherford 4820 Park Commons Dr., #318, Wolfe Lake condominiums Shirlee Engebretson 4820 Park Commons Dr., #340, Wolfe Lake condominiums Mary Anderson Wolfe Lake condominiums Joanne Keedy 4820 Park Commons Dr., #333 Wolfe Lake condominiums Marilyn Laird 4820 Park Commons Dr., #132, Wolfe Lake condominiums Marge Serr 4820 Park Commons Dr., #129, Wolfe Lake condominiums Kristen Rudy 4860 Park Commons Dr, #102, Wolfe Lake condominiums St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 1 of 21 8d. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency, clarifying and amending standards for permanent, temporary and canopy/awning signs, sign permitting requirements, and approved sign plans. Case Nos. 03-24-ZA Recommended Action: Motion to approve 1st reading of the ordinance amending Section 36-82 (Temporary Use Ordinance) and Section 36-362 (Sign Ordinance) and set second reading for September 2nd 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 proposed code amendments deal with the temporary use ordinance and sign ordinance to clarify standards and simplify and unify language relating to signs. The majority of the proposed amendments are aimed at making the ordinance easier to understand by reorganizing portions of the code into groups and categories, and clarifying what qualifies as temporary, permanent or real estate signage. However, some changes are proposed, including allowing wood as a permanent sign face material and allowing "temporary" pedestrian oriented signs, such as sandwich boards, to be displayed year round during business hours. Also, pedestrian and other temporary signs would not be counted toward total allowable sign area. (They would be allowed in addition to the total sign area for permanent signs). On June 18, 2003, the Planning Commission opened a public hearing. Staff recommended the hearing be continued to the July 2nd meeting for further consideration. One resident was in the audience, and did raise a question regarding real estate signage. Staff followed up during the following week, and was able to answer her question. As it turned out, she was concerned that the ordinance was the result of a land use application her neighbor may have filed. She was informed that the neighbor had not filed a land use application, and the nature of the proposed amendment was explained to her. She did not attend the July 2nd meeting, and no one from the public was in the audience to speak about the proposed ordinance. The Planning Commission recommended approval on a vote of 5-0. Staff was directed by the Planning Commission to inquire with the City Attorney regarding how conceal and carry signs should be treated. The attorney's response is that the state statute does not specify size of sign or placement of sign, and the city should treat the sign as any other sign located on the property or in a doorway. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 2 of 21 Since the public hearing, staff also changed the name of "flange" signs to "blade" signs. This change was made because the blade name is more commonly known than flange. The following is a brief description of the proposed changes: 36-82(b)(9)b.3: (Temporary Uses - Garage Sales) This provision currently refers to section 36-262(e), which does not exist. The intent was 36- 362(e) (prohibited signs). 36-82(b)(4) & (5): (Temporary Uses - Carnivals, Festivals and Promotional Events) A provision was added to clarify that signage pertaining to the use is considered as temporary signage under the sign code, and the appropriate provisions apply. 36-362(c): (Signs - Definitions) While reviewing sign permits for the new Excelsior & Grand project, staff found another portion of the sign ordinance that should be clarified. The definition of on- and off-premise signs does not clearly address projects that involve more than one property regulated under an approved PUD. In at least one precedent (Park Place Plaza shopping center), an interpretation of the definition of on-premise signs has allowed multi-tenant signs to include advertisements for tenants on a different property within the same PUD. However, it should be noted that shared parking was also required between the properties in the PUD. The shared parking requirement indicates that some part of the activity (parking) is occurring on the same property as the sign. Therefore, staff believes the proposed ordinance amendment is a clarification rather than a change in policy. It would allow multi-tenant signs in PUDs with shared parking to advertise uses on separate properties within the PUD premises. A statement currently exists in the Temporary Sign definition that states Canopy/Awning signs are not to be considered temporary signs. This is clarified, and made more prominent, by removing that language from the temporary sign definition, and creating a definition for canopy/awning signs stating they are considered to be permanent signs. The definitions of each sign are proposed to be altered so that they all start with the word "sign", followed by the specific type of sign. This has the effect of listing all types of signs in one area in the definition section. This is necessary so the person viewing the code can go to one portion of the ordinance to view all types of signs referenced in the code. Real estate signs are further clarified to be temporary in nature, even though they do not follow the same provisions as other temporary signage. Section 36-362(d): (Exempt Signs) Private directional signs are removed from the exempt sign provision, and a separate provision is made specifically for private directional signs elsewhere in the ordinance. It is not the intent of the ordinance to exempt private directional signs from all aspects of the sign code, but just from setbacks and sign area. These exemptions would apply to certain size signs only. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 3 of 21 Section 36-362(f)(1): (General Provisions: Permit Required) Garage sale signs and certain real estate signs are currently exempt from the permit requirements via the temporary use ordinance and fee resolution, but this was not previously reflected in the sign ordinance. Private directional signs and banners are proposed not to be charged per sign or banner, but rather per overall proposal. Section 36-362(f)(3): (General Provisions: Required Yards) Clarifies setbacks for canopies/awnings by referring to section 36-73 (yard encroachments) which already establishes the allowed encroachment. (Canopies to property line, awnings no closer than 2 feet to any property line) The required yard for signs in the C (Commercial) & MX (Mixed Use) districts are reduced from 20 feet to 5 feet for signs less than 200 sq ft in sign area. This change addresses recent amendments to the code allowing buildings to have a front yard of 5 feet. By allowing a 5-foot yard for buildings and requiring a 20-foot yard for signs, the code restricts the visibility of signs placed 20 feet from the property line. A provision is added clarifying wall signage to allow blade signs in the C & MX districts. The proposed blade sign (also called flange and medallion sign) is attached to the building, extends up to four feet from the building, is no bigger than 9 square feet, and is intended to contribute to the pedestrian oriented character, structures and uses the city is promoting. Section 36-362(f)(13): (Incumbustible materials.) The current sign ordinance prohibits permanent signs made out of combustible materials such as wood. Neither the fire code nor the building code prohibits combustible materials being used in signage. However, there is concern that plywood and similar non-durable wood products will deteriorate, and become maintenance problems in a relatively short time. Also wood posts often warp or deteriorate in time, even when treated. Therefore, the proposed ordinance requires treated hardwood, and prohibits use of plywood and similar non-durable materials. Posts could not be constructed of wood. The proposed ordinance continues the prohibition on canvas, cloth and flexible vinyl as a permanent sign material. Table 36-362A Changes were made to the heading to make it easier to read. 36-362(g)(7): (Adjustments to table 36-362A - Real Estate Signs, etc.) This section is not needed as a result of the clarification of each type of sign made elsewhere in the ordinance. 36-362(h): (Special Provisions) This section is proposed to be reorganized to list the different types of signs, and all special provisions regarding them. As it exists today, the special provisions were scattered throughout the ordinance, making it difficult to get a proper read of the ordinance. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 4 of 21 Pedestrian sign standards were added to allow additional "temporary" signage for more than 30 days. Enforcement of the sign ordinance has revealed the concern that while 30 days of temporary signage is sufficient to advertise grand openings or special events and sales, it is not meeting the needs of the commercial community for advertising daily/weekly specials to pedestrians and the local community. This provision was added to clarify temporary signage by allowing a small sign that can be displayed year round on private property, but must be brought inside the store after hours. The sign could be a sandwich board, a statue or other item, but may not be on a trailer or otherwise conveyed by a vehicle. The entire sign and structure must fit within a cube defined as 3 feet wide by 3 feet deep by 4 feet high. Placement of the signs cannot be on the public right-of-way without council approval, or impede pedestrian/auto views. The total amount of allowable pedestrian and other temporary signs would be regulated per Table 36- 362A. The total tempoarary signage would be in addition to the total permanent signage allowed on a property. Section 36-362(i)(6): (Nonconforming signs - sign plans) Per discussion with the City Attorney, this section is proposed to be removed. Signs that would be considered non-conforming under today's ordinance, that were previously approved by the Council under a PUD or other development plan (i.e. via an old special permit), will be treated as non-conforming. This is consistent with the existing language for Special Permits, which says such signs are subject to the date certain provisions for being brought into compliance with the existing ordinance. It also clarifies administration of the ordinance, since sign plans under old special permits are often difficult to find in archives or interpret exactly what had been approved. Recommendation: Staff and the Planning Commission recommend approval of the ordinance amending Sections 36-82 and 36-362. Attachments: 1. Proposed Ordinance Amending the temporary use ordinance and sign ordinance. 2. Sign Area Requirements Table Prepared By: Gary Morrison, Asst. Zoning Administrator 952-924-2592 gmorrison@stlouispark.org Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 5 of 21 ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-82(b)(4)(5), 36-82(b)(9)b.3, 36-362(c), 36-362(d), 36-362(f), 36-362(f)(3), 36-362(f)(13), Table 36-362A, 36-362(g)(4)(5)(7), 36-362(h), and 36-362(i)(6)(7) CREATING CONSISTENCY, CLARIFYING AND AMENDING STANDARDS FOR PERMANENT, TEMPORARY AND CANOPY/AWNING SIGNS, SIGN PERMITTING REQUIREMENTS, AND APPROVED SIGN PLANS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 03-24-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-82(b)(4)(5), 36-82(b)(9)b.3, 36- 362(c), 36-362(d), 36-362(f), 36-362(f)(3), 36-362(f)(13), Table 36-362A, 36-362(g)(4)(5)(7), 36-362(h), and 36-362(i)(6)(7) are hereby amended by deleting stricken language and adding underscored language. Section 36-82(b) (4) Carnivals, festivals and promotional events. a. Carnivals, festivals, and promotional events, including community art fairs, shall not be permitted for more than 14 days in any calendar year except in public parks or closed right-of-way as approved by the city or as specified by PUD approval. b. Carnivals, festivals, and promotional events shall be permitted within required the front yard, side yard, or rear yard; except where prohibited under section 36-76. Carnivals, festivals, and promotional events shall not be allowed within the public right-of-way unless such right-of-way will be closed for the event as approved by the city. c. Carnivals, festivals, and promotional events shall not be permitted within any required bufferyards. d. All signage must meet the temporary signage provisions found in Section 36-362(h)(3) (5) Temporary outdoor sales. a. Temporary sales, including licensed food service, shall only be permitted within a C, O, M-X or I district or in public parks or closed right-of-way as approved by the city or as specified by PUD approval. b. Temporary outdoor sales which do not exceed 100 square feet shall be permitted. However, no merchandise shall be stored outside overnight. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 6 of 21 c. Temporary sales which exceed 100 square feet shall be permitted for a period not to exceed four consecutive days or a total of 12 days in a calendar year except in public parks or closed right-of- way as approved by the city or as specified by PUD approval. d. Temporary sales shall only be allowed if associated with a permitted retail business operating within a building on the site in which the same or similar merchandise is offered for sale except in public parks or closed right-of-way as approved by the city or as specified by PUD approval. e. Temporary sales shall be permitted in the required front yard, side yard, and rear yard unless prohibited under section 36-76; however, temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public right-of-way unless such right-of-way will be closed for the event as approved by the city or as specified by PUD approval. f. All signage must meet the temporary signage provisions found in Section 36-362(h)(3) (9) All garage sale signs must comply with section 36-2362(e) Sec. 36-362. Sign regulations. (a) Purpose. The purpose of this section is to establish minimum requirements for the size, placement and maintenance of signs by adoption of regulations governing all signs in the city. The sign regulations are intended to permit a safe, efficient, effective and aesthetic means of communication using signage which recognizes the need to maintain an attractive and appealing appearance of property in the community, including that property used for residential, commercial, industrial, institutional, public development use, and the air space above and between those uses. These regulations are intended to permit signage which is adequate for effective communication but minimizes distractions to traffic and prevents visual clutter and visual pollution which can be caused by the unregulated use of signage. (b) Findings. The city finds that: (1) The manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community. (2) An opportunity for identification of community business and institutions must be established. (3) The safety of motorists, cyclists, pedestrians, and other users of the public streets and property are affected by the number, size, location and appearance of signs that divert the attention of drivers. (4) Installation of signs on the tops of buildings constitutes a hazard during periods of high winds and is an obstacle to effective firefighting and other emergency services. (5) Uncontrolled and unlimited construction and placement of permanent and temporary signs adversely affects the image and aesthetic attractiveness of the community and undermines economic value and growth. (6) Uncontrolled, abandoned and unlimited signs, particularly temporary signs, which are commonly located in or near public rights-of-way or at driveway and street intersections, result in roadside clutter, obstruction of views of oncoming traffic, and a visual distraction to drivers and pedestrians. (c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 7 of 21 Backlighting means an illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface. Billboard means a sign which is used for the primary purpose of selling space advertising a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. Commercial message means any message which identifies a business or product or promotes the sale of any product or service. Courtesy bench means any bench licensed by the city and in compliance with chapter 8 of this Code. Decorative banner means a piece of fabric attached to a pole or building wall as a decorative display of color to enhance the architecture of a building or a site which does not contain a commercial message. Direct lighting means an illuminated sign where the source of light is visible. Height means the distance measured perpendicularly from the highest point of the sign structure to the grade level of the ground directly below that point or the grade level of the centerline of the nearest adjacent roadbed, whichever grade level is higher. Indirect lighting means an illuminated sign where the sign reflects the light from an external source. Internal lighting means an illuminated sign having the source of illumination located inside a translucent panel which is not directly visible. Sign means any written message, pictorial presentation, number, illustration, decoration, flag, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. The term "sign" shall not include landscaping or the architectural embellishment of a building not intended to communicate information. For purposes of maintenance or removal, the term "sign" shall also include frames and support structures. (1) On-premises sign means a sign whose message is related to the premises or the activity and use occurring on the premises on which the sign is located. On-premises signs include multi-tenant identification signs that may advertise tenants on a different property provided such tenants are within the same approved PUD and parking is shared between properties. (2) Off-premises sign means a sign whose message is not related to the premises or the activity and use occurring on the premises on which the sign is located. Sign area means the area in square feet of all faces of the sign panel, including the frame. Each message shall be considered to be a sign. If individual letters are mounted directly on a wall, or canopy or awning without a frame, the sign area shall be the area in square feet of the smallest rectangle, which encloses the sign message or logo. The sign area of a freestanding multiple face or volumetric sign shall be determined by totaling the area of all faces. The maximum aggregate or total sign area on a lot shall include the sign area of all signs. Sign, blade means a wall sign that projects away from the wall at an angle sufficient to provide visibility to at least two sides of the sign. Sign, canopy/awning means a visual message on an awning or canopy which is constructed according to the requirements of the building code, are constructed of flexible translucent or fabric type material, is an integral part of the building, and is consistent with the architecture and design of the building. Sign, changing sign means a sign whose message can be readily changed, either by manual or automatic means. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 8 of 21 Sign, flashing sign means any illuminated sign, which is not a changing sign which emits an intermittent or flashing light, or creates the illusion of intermittent or flashing light by means of animation. Sign, freestanding sign means a sign, which is self-supporting usually by uprights placed on or in the ground. Sign, Garage sale means a sign advertising a garage sale per section 36-82(b)(9). Sign, illuminated sign means any sign, which has characters, letters, figures, designs or outlines which are either internally or externally illuminated by an artificial light source. Sign, permanent means any sign that is not a temporary sign, real estate sign, political sign, project information sign or pedestrian sign. Sign, pedestrian portable sign means a temporary sign, which is usually constructed of durable materials and is designed to be readily moved from one location to another. (ex. Sandwich board sign or any item containing a message) For purposes of this ordinance, any sign mounted to, or conveyed by means of, a vehicle shall not be considered a pedestrian sign. Sign, political sign means a temporary sign, which advertises or promotes a candidate for public office, a political party, or an issue to be considered in a public election. Sign, private directional sign means a sign, which includes no advertising placed on private property for the purpose of regulating, guiding, warning traffic or persons, or providing other safety information. Sign, project information sign means a temporary directional sign displayed during the time that a construction project on a public roadway or in an approved redevelopment district is underway. Sign, public sign means any sign defined as a traffic control sign in the Highway Traffic Regulation Act M.S.A. § 169.97 et seq., any identification sign installed in a public park by a public authority, or any other identification, regulatory, or warning sign approved by the city council for installation on public land. Sign, real estate sign means a temporary sign, which advertises the development, sale, lease or rental of land or buildings. A real estate sign is designed to be displayed for a limited period of time and is not permanently fixed to the land or a structure. Real estate signs may be constructed of paper, cloth, canvas, wood or any other light and non-durable material. Sign, rooftop sign means a sign attached to any roof or any sign attached to a building in any other manner that allows more than ten percent of its area to extend above the wall or parapet wall of the side of the building on which the sign is located. Sign, rotating sign means a sign or a portion of a sign which moves in a rotating, oscillating or similar manner other than changing signs. Sign, temporary sign means a sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure. Temporary signs may be constructed of paper, cloth, canvas, cardboard, wood or any other light and non-durable material. Visual messages on awnings or canopies which are constructed according to the requirements of the building code, are constructed of flexible translucent or fabric type material, and which are an integral part of the building shall not be considered temporary signs. Sign, wall sign means a sign attached to or erected against an exterior wall surface of a building or structure. Supergraphics means any mosaic, mural, painting or graphic art or combination thereof which is professionally applied to a building that does not contain any brand name, product name, letters of the alphabet spelling or St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 9 of 21 abbreviating the name of any product, company, profession or business, or any logo, trademark, trade name, or other commercial message. (d) Exempt signs. The following signs are exempt from the provisions of this section: (1) Public signs. (2) Private directional signs less than four square feet in area. (2)(3) The United States flag, other national flags, the flags of all the states of the United States and the city flag. (3)(4) Supergraphics. (4)(5) A building address which does not exceed 12 inches in height. (5)(6) Signs on courtesy benches, if they comply with the requirements of chapter 8 of this Code. (6)(7) Signs on vehicles when the vehicle is being used in the normal day-to-day operation of a business. (e) Prohibited signs. The following signs are prohibited in all use districts: (1) Flashing signs. (2) Signs on or over the public rights-of-way unless the city council grants permission for a temporary sign on or over the public rights-of-way for a period of time not to exceed ten days. (3) Searchlights, beacons, strobe lights or other illuminated signs emitting a beam consisting of a collection or concentration of rays of light. (4) Rooftop signs. (5) Rotating signs. (6) Billboards. (7) Off-premises signs. (8) Inflatable signs and tethered balloons. (9) Signs painted directly on a building. (10) Signs mounted on chimneys, rooftop equipment, observation towers, flagpoles, cooling towers, elevator penthouses, commercial antennas, communication towers, belfries, church spires and cupolas. (f) General provisions. Subject to the following regulations, signs are a permitted accessory use in all use districts: (1) Permit required. A sign permit shall be issued prior to the installation of any sign. a. Exception. Real estate signs less than 10 square feet in area, political signs and garage sale signs are exempt from the permit requirements. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 10 of 21 (2) b. Submission requirements. The following information shall be submitted prior to a sign permit being issued: a. 1. Application form and fee. A fee shall be charged per sign, except that decorative banners and private directional signs less than 4 square feet per sign face shall be charged one fee per proposal submitted for review and approval. b. 2. Site plan and building elevations, if applicable. c. 3. Two sets of drawings for each sign that is proposed. (23) Required yards. No sign shall be erected or maintained in any required yard in any use district with the following exceptions: except that a wall sign may extend into the required yard a distance not to exceed 18 inches. a. In the C-1, C-2 and M-X districts, when the principal building is located more than 20 feet from the front property line, the required setbacks for a freestanding sign shall be 20 feet the required yard for any sign less than 200 square feet in sign area shall be 5 feet. All other signs shall have a required yard of 20 feet unless exempted below. b. In the C-1, C-2 and M-X districts, a blade sign may project into the required front yard if the sign meets the following requirements: 1. The sign is attached to a wall in such a manner that meets the building code; and 2. The lowest portion of the sign is no closer than 8 feet to the ground; and 3. No portion of the sign shall extend more than 4 feet from the building, and in no instances shall the sign project into the public right-of-way. 4. The sign face does not exceed 9 square feet. c. Except as allowed under (3)b of this section, a wall sign may extend into the required yard a distance not to exceed 18 inches, and a canopy or awning sign may extend into the required yard as allowed by Section 36-73(a)(5) and Section36-73(b)(3), except that structures that do not meet the current front or side yard requirements shall place signs flush against the front or side walls. d b. Signs may be placed on the front or side walls of an existing nonconforming structure even though the structure does not meet the current yard requirements. e d. A sign may be placed on the face of an existing canopy or awning located on a structure classified as conforming or lawful nonconforming use if the sign does not extend above the top or below the bottom of the vertical portion of the canopy or awning face. e. Real estate signs meeting the standards set forth in Section 36-362(h)(1). f. Private directional signs meeting the standards set forth in Section 36-362(h)(2). g. Pedestrian signs meeting the standards set forth in Section 36-362(h)(4). h. Decorative Banners meeting the standards set forth in Section 36-362(h)(5). i. Political signs meeting the standards set forth in Section 36-362(h)(6). St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 11 of 21 j. Project Information signs meeting the standards set forth in Section 36-362(h)(7). (34) Freestanding signs. Except for private directional, project information, real estate, political, decorative banners, and temporary signs, no more than one freestanding sign shall be permitted on an individual street frontage of a lot or PUD site. (45) Parking areas. Signs shall not be placed in or restrict access to required parking spaces or loading berths. (56) Multi-tenant building. The property owner or the property owner's designee shall be responsible for allocating the allowable sign area among the tenants of a multi-tenant building. If the property owner does not allocate the sign area, the city may do so based on the proportion of floor area or tenant frontage occupied by each tenant. (67) Lighting. Direct rays or glare of light from an illuminated sign shall not be visible from public rights-of-way or property other than that on which the illuminated sign is located. Any external source of illumination must be provided with shields or lenses which concentrate the light onto the sign. (78) Electrical wiring The electrical energy used to illuminate freestanding signs may not be from an overhead source but must be buried underground. The conduit and wiring to all signs must be concealed. (89) Wind load. All signs shall be designed and constructed to withstand wind loads of at least 30 pounds per square foot of area and the dead loads required by the building code and other ordinances of the city. (910) Anchoring. All signs shall be safely and securely anchored to their supporting structure. All attachments and movable parts shall be securely fastened. No sign shall be anchored to another sign. (101) Bracing. All signs shall be constructed with internal or hidden bracing. External bracing shall be eliminated whenever practicable. Exposed wire, cable and chain braces are prohibited. (112) Glass. All glass must be safety or tempered glass, and designed and installed to withstand a wind load of 30 pounds per square foot. (123) Durable Materials. All permanent sign faces and supports shall be made of durable materials. Canvas, cloth and similar materials such as flexible vinyl, are not allowed except for canopies, awnings and temporary signs other than pedestrian signs. All permanent wood signs must be constructed of durable hardwood products. The wood must be treated against rot and decay, and cannot be constructed of plywood, chipped wood, hardboard, fiber board or similar materials. Sign Support structures shall not be constructed of wood. Incombustible material. All sign faces and supports shall be constructed of incombustible material. (134) Maintenance. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports or framework, broken or missing faces, facing or missing letters. Faded or torn canopies, awnings and banners shall be removed or replaced. If faded or torn canopies, awnings and banners are not removed or replaced by the owner within 30 days of notification by the city, the city may remove them and assess the cost of removal to the property. (145) Maintenance grounds. The premises surrounding all ground signs shall be maintained by the property owner or tenant of the property on which they are located in a safe, clean, and sanitary condition free and clear of all rubbish and weeds. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 12 of 21 (156) Removal and repair. Any structure from which a sign has been moved or removed shall be repaired with a material which matches the existing background. (167) Removal of painted signs. Any structure from which a painted sign is removed shall be repainted, sandblasted or treated in a manner which makes the former sign not visible. (178) Signs not to be traffic hazard. No sign shall be installed in a way that obstructs clear vision of persons using the streets or at any location that, because of its position, shape, or color, interferes with, obstructs the view of, or may be confused with any authorized traffic sign, signal or device. No sign, other than public or project informational signs, shall be visible from a public street which makes use of the words "Stop," "Look," "Danger," or any other word, phrase, symbol or character which may interfere with, mislead or confuse persons using the public streets. (189) Pedestrian clearance. Any sign which projects over a sidewalk or other pedestrianway must be not less than eight feet above ground level. (1920) Sign area and height. The allowable sign area and height are established by table 36-362A in this subsection (f)(20) and adjustments to table 36-362A in subsection (g) of this section according to the parcel size or PUD site size and use district in which the sign is located. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 13 of 21 TABLE 36-362A SIGN AREA AND HEIGHT PERMANENT TEMPORARY REAL ESTATE Use Maximum SIGNAGE SIGNAGE SIGNAGE District & Sign Maximum Maximum Maximum Maximum Lot Size Height Total Area Size of Total Area Total Area (sq ft) (feet) (sq ft) Sign Face (sq ft) (sq ft) (sq ft) SIGN AREA AND HEIGHT Maximum Maximum Total Area Use Maximum Size of size for Maximum District Maximum Permanent Permanent Temporary Total Area Size Sign Height Total Area Sign Face Signs Size for Real (sq ft) (feet) (sq ft) (sq ft) (sq ft) Estate Signs (sq ft) R-1: 6 2 2 6 6 R-2: 6 2 2 6 6 R-3: 0--15,000: 6 2 2 6 6 Over 15,000: 6 25 25 25 60 R-4: 6 25 25 25 80 R-C: 0-20,000: 15 40 40 25 80 Over 20,000: 15 80 60 25 80 C-1 0-10,000: 25 100 75 80 80 10,000- 20,000: 25 150 100 80 80 Over 20,000: 25 200 150 80 80 C-2 0-10,000: 25 100 75 80 80 10,000- 20,000: 25 200 100 80 80 20,000- 50,000: 25 250 150 80 80 50,000- 200,000: 25 300 150 80 80 Over 200,000: 25 400 300 80 80 O 0-20,000: 25 100 100 80 80 20,000- 50,000: 25 200 100 80 80 50,000- 100,000: 25 300 150 80 80 Over 100,000: 25 500 300 80 80 I-P 0-20,000: 25 100 75 80 80 20,000- St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 14 of 21 50,000: 25 200 100 80 80 Over 50,000: 25 250 150 80 80 I-G 0-20,000: 25 100 75 80 80 20,000- 50,000: 25 200 100 80 80 Over 50,000: 25 250 150 80 80 M-X: 15 per approval 150 50 80 (g) Adjustments to table 36-362A. Signs which qualify for any adjustment permitted under this section shall conform to all other sections of this chapter. (1) In an R district, identification signs may be permitted for religious institutions, libraries, museums, art galleries, schools, golf courses, country clubs, community centers, colleges, universities, hospitals and sanitariums in excess of the size allowed in table 36-362A based on the following criteria: a. Size. The sign shall be proportional to the size of the facility, need for signage, street frontage, location, visibility, and development in the area. The maximum sign size shall not exceed 20 square feet per sign face on a local street, 40 square feet per sign face on a minor collector street, and 60 square feet per sign face on any other street frontage. b. Height. No freestanding sign shall exceed 15 feet high. c. Lighting. Signs shall be lighted only by backlighting, internal lighting or indirect lighting. d. Design. The materials and design of signs shall be integrated with the site and buildings on the site by using compatible materials and consistent design features. If freestanding, the sign shall be placed in a landscaped bed equal in area to twice the size of the combined sign faces. e. Location. A freestanding sign shall not be less than 25 feet from any property line. f. Sign purpose. The principal purpose of any sign permitted under this section shall be to identify the public or institutional use made of the property. (2) For any building not located in an R district which is eight or more stories or 85 or more feet in height, the maximum size for any one sign may be increased to 400 square feet, if the sign is located on the wall of the building more than 75 feet above the ground. (3) The maximum size for any one real estate sign may be increased to 200 square feet for any building not located in an R district which is six or more stories or 65 or more feet in height, if the sign is located on the wall of the building more than 55 feet above the ground. (4) In the C-1, C-2, O, I-G and I-P districts, the total area of all wall, canopy and awning signs on a building which meets the following outlined conditions shall not be included in calculating the aggregate sign area on a lot: a. The building shall be a shopping center or a building containing multiple tenants including and limited to retail, private entertainment (indoors), restaurants with liquor, restaurants without liquor, services, food services, printing process, banks, studios and showrooms or a single-tenant building housing one of the land uses named in this subsection (g)(4)a. if such single-tenant building is located on a single lot with other principal buildings and is part of an approved planned unit development under the provisions of this chapter. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 15 of 21 b. The area of all wall, canopy or awning signs permitted by this section shall not exceed seven percent of the wall area of the building. If a shopping center or multitenant building contains land uses other than those listed in subsection (g)(4)a. of this section, the amount of wall area which may be used to calculate allowable signage shall be determined by multiplying the total wall area of the building by a percentage equal to the percentage of the gross floor area of the building occupied by the land uses listed in subsection (g)(4)a. of this section. c. No individual wall, canopy or awning sign shall exceed 150 square feet in area, except in the C-1 district where the maximum area of any individual sign shall not exceed 100 square feet. (5) The maximum size of the sign face may be increased by 20 percent for a property which is not located in an R district if the sign is located at least 100 feet from any public right-of-way. (6) The sign which identifies a contiguous group of buildings under a single ownership within a single complex shall be exempt from the total sign area requirements if the property on which the sign is erected is not located in an R district. The maximum size of the sign face shall be regulated by table 36-362A. (7) Real estate signs, Private directional signs and decorative banners are not included in the calculation of maximum total area of signage permitted on a site. (h) Special provisions. In addition to the general provisions contained in subsection (f) of this section, these special provisions apply to the following types of signs: (1) Real estate sign. Real estate signs shall be regulated as follows: a. A real estate sign which does not exceed ten square feet in area or and ten feet in height is exempt from the required yard restrictions. b. A real estate sign may only be displayed on the property on which the sign is advertising the sale, lease or rental of. c. A real estate sign may only be displayed until the advertised property is sold, leased or rented. (2) Private directional signs are regulated as follows: a. A private directional sign that does not exceed 4 square feet in sign face area and which does not exceed eight square feet in area or 42 inches in height, shall be is exempt from the required yard restrictions, and shall not be included in the maximum total area for permanent signs identified in table 36-362A. b. A private directional sign that exceeds 4 square feet in sign face area, and/or 42 inches in height shall be subject to all permanent sign regulations. c. All private directional signs shall be located on the property, or within an approved planned unit development, on which the business receiving the benefit of the private directional sign is located. (3) Temporary signs. Temporary signs are regulated as follows: a. With the exception of Pedestrian signs as defined below, temporary signs may be permitted on a lot for a total of 30 days in any calendar year, which may be divided into no more than four separate times during that calendar year. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 16 of 21 b. The total sign area of all temporary and permanent signs on a lot, including pedestrian signs, shall not exceed the total permitted in table 36-362A. c. A temporary sign shall not direct persons to or advertise a product or service not available on the premises where the sign is located. d. Temporary signs, other than pedestrian signs, may be constructed of paper, cloth, canvas, wood or any other light and non-durable material. e. Pedestrian Signs are temporary signs further regulated as follows: 1. Pedestrian signs may be displayed in the C, O and MX districts only. 2. No portion of the sign shall project beyond a cube measuring 3 feet wide by 3 feet deep by 4 feet in height. 3. Pedestrian signs may be placed up to the property line, subject to Section 36-76. No portion of the sign shall be placed in, or project into the public right-of-way, and any such sign shall be located so that it does not obstruct pedestrian or vehicular movement or impede pedestrian or vehicular visibility. 4. The sign may be displayed during business hours only. The sign shall be stored inside a building during non-business hours and during severe weather conditions. 5. The sign shall not be placed in such a manner that it obstructs the visibility of another property's permanent signage. 6. No place of business shall display more than 1 pedestrian sign at any time and the total of all pedestrian and other temporary signs on the property shall not exceed the total allowed in table 36-362A. 7. Pedestrian signs that are maintained in good repair and in accordance with all ordinance provisions may be permitted for up to one calender year. The Zoning Adminsitrator may revoke a permit and remove any sign that does not meet the ordinance requirements, or is creating a public hazard. After one year, a new permit may be applied for. 8. Pedestrian signs may be constructed of wood, metal, non-flexible plastic or any other durable material. (4) Decorative banners. Decorative banners are allowed in the R-C, C-2, and O and M-X districts and are regulated as follows: a. All decorative banners shall be an integral part of the overall design scheme of a project. A decorative banner shall be deemed to be a part of the integral design scheme if the following conditions exist: 1. The decorative banners are compatible with the architectural character of the building in terms of rhythm of openings, horizontal or vertical emphasis, and stylistic features of the building in color, pattern and shape. 2. The decorative banners are considered to be in harmony and unity with various elements within the site and also within the larger context of the area or corridor. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 17 of 21 3. The location and placement of the banners provides a harmonious rhythm to the building and site elements. 4. The zoning administrator shall determine whether any banner meets the design criteria set forth by this subsection (h)(4). b. No single decorative banner may exceed eight square feet in area. c. Decorative banners shall be securely fastened on the full length of at least two sides of the decorative banner to a structure which was erected for another principal purpose, such as a light standard. d. Faded or torn decorative banners shall be removed or replaced. If faded or torn banners are not removed or replaced by the owner within 30 days of notification by the city, the city may remove them and assess the cost of removal to the property. e. No decorative banner may display a commercial message. Commercial messages are allowed on other signage in accordance with this section. f. Decorative banners shall be exempt from the total allowable sign area for a parcel. The maximum aggregate area for decorative banners shall not exceed 15 percent of the total allowable sign area for a parcel. g. The top of a decorative banner may not exceed 15 feet in height from the ground. h. No decorative banner may be displayed within any required yard. (5) Political signs. a. Political signs are permitted in the front yard. b. No political sign may be placed on the public right-of-way or any publicly owned property, including boulevard trees and utility poles. c. No political sign shall have more than two faces. The total square footage of sign area on one lot shall not exceed 64 square feet, except that political signs of any size are permitted from August 1 in a state general election year until ten days following the state general election. d. No sign shall be placed which obstructs the vision at an intersection or otherwise constitutes a hazard to public safety. e. Signs sponsoring candidates for public office must be removed within ten days after an election has been held unless the candidate is one who qualifies as a candidate to be named on the ballot at a general election after a primary election. In that case, signs erected or placed before the primary election by or for that candidate may be left in place until ten days after the general election. In any election which is not a primary, all political signs shall be removed within ten days after such election. (6) Project information signs. a. Purpose. The purpose of a project information sign is to identify a business or group of businesses affected by a construction project that is underway on a roadway or in an approved redevelopment district to direct traffic or convey that the business or group of businesses is open St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 18 of 21 to the public. Project information signs shall not be used for the purpose of advertising products, services or events. b. Design. Project information signs shall have black letters on a "federal highway orange" background. A project information sign displayed on public property must conform to the Highway Traffic Regulation Act, M.S.A. § 169.97 et seq., for informational signs and if displayed on private property, may not exceed the area and height requirements of this section for signs on that parcel. c. Placement. The city council shall be responsible for approving the general location of project information signs. Such signs may not be permitted on a roof. d. Duration. Project information signs will be removed when the city determines that: 1. The business identified discontinues operation; 2. The construction work has been completed; or 3. Access to the business is no longer affected by the construction project. e. Plan development. A plan for the project information signs may be initiated by either the affected businesses or city staff. If developed by city staff, the plan shall be reviewed by the affected businesses prior to transmitting the plan to the city council for consideration. f. Installation. The city will be responsible for the fabrication and installation of project information signs installed on public property. The cost of fabricating, installing and maintaining the signs will be paid by the affected businesses. If a project information sign is displayed on private property, it is the responsibility of the property owner to fabricate and install the sign according to the approved signage plan and to pay all costs, including sign permit fees, incident to the fabrication and placement of the project information signs. (7) Signs which advertise businesses on freeways and highways. a. Application may be made to the city for an increase in maximum sign height on a lot having all of the following characteristics: 1. The lot abuts the right-of-way of an interstate freeway or state highway or abuts a frontage road immediately adjacent to an interstate freeway or state highway. 2. The lot does not have and is not permitted to have directional signage on the interstate freeway or state highway directing the public to the subject lot. 3. The lot has no other option permitted by this chapter to provide the requested square footage of signage visible from 50 percent of, at a plane 3.5 feet above, the portion of the interstate freeway or highway adjacent to the lot. b. To be eligible for an increase in sign height, the second point of all cross sectional drawings, as described in subsection (h)(7)b.2.ii. of this section, must be located such that more than 50 percent of the plane above the traveled surface of the interstate freeway or state highway is obstructed from the first point, as described in subsection (h)(7)b.2.i. of this section. An application for increased sign height shall be accompanied by the following drawings drawn to scale: St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 19 of 21 1. A site plan showing the location of the proposed sign, property lines of the subject property, road alignments of adjacent streets and highways and the locations of any cross sectional drawings necessary to analyze the request. 2. Cross sectional drawings necessary to analyze the request showing the entire traveled surface of the freeway or state highway, any retaining walls or fences, any frontage roads, proposed sign location and height and a straight line (referred to as the "sight line") drawn between two points described as follows: i. The first point situated on a line perpendicular to the earth's surface at the location of the proposed sign passing through the center of the sign face and 25 feet above the centerline of the nearest adjacent street or the ground level of the base of the proposed sign, whichever results in a higher elevation. ii. The second point situated on a plane surface 3.5 feet above and parallel to the traveled surface of the interstate freeway or state highway, located by projecting a line from the first point to its intersection with the plane surface so that the resulting point of intersection of the line with the plane surface (the second point) is as close as possible to the first point while not passing through an intervening obstruction that would prevent visibility. c. The zoning administrator may approve an application to increase sign height which meets the criteria set forth in this subsection (h)(7)c. where the proposed sign plan meets each of the following requirements: 1. The sign is no higher than necessary to permit the bottom edge of the sign face to be visible from at least 50 percent of the traveled surface of the interstate or state highway. 2. The top of the sign face is no more than 12 feet above the bottom of the sign face. 3. The location of the sign is such that the increase in sign height is minimized. 4. The sign face shall not exceed 150 square feet. 5. The sign lighting is either internal or indirect and no light source is visible beyond the property lines of the lot. 6. Illuminated signs located within 400 feet of the structures used for residential purposes shall have its illuminated portion shielded from view of such residential structures. (i) Nonconforming signs. (1) General. A nonconforming sign shall not be rebuilt, relocated, altered or modified in size or height unless it is made fully conforming with this section. (2) Removal. Except for changing signs or billboards, if a face or message on a nonconforming sign is removed, the entire sign and sign structure must be removed or made to conform with this section. (3) Temporary sign. Temporary and portable signs in existence at the time of passage of the ordinance from which this section is derived which do not conform to this section shall be removed or made to conform within 30 days of the effective date of the ordinance from which this section is derived. St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 20 of 21 (4) Real estate signs. Real estate signs in existence as of the date of the ordinance from which this section is derived was adopted which do not conform with the requirements of this section shall be removed or made to conform within 120 days of the effective date of the ordinance from which this section is derived. (5) Billboards. a. Any billboard in existence as of the date of the ordinance from which this section is derived was adopted may remain in place if it is not increased in sign area or height and is maintained in conformance with the general provisions of this chapter. The following are not permitted on billboards: 1. Flashing signs. 2. Changing signs, unless they are limited to a display of either time, temperature or stock market indices. b. The maximum height of a billboard shall be 35 feet, including extensions, measured as required by subsection (c) of this section. c. Billboards which have been destroyed or damaged must be removed when the cost of repair equals more than 50 percent of the appraised physical value of the structure. (6) Any sign installed under a sign plan which has been approved by the city council in conjunction with a PUD or other development plan may remain as a conforming sign if the sign is maintained according to the conditions imposed in the resolution granting the sign plan. If any additional signage is to be installed on the property, the additional signage must fully conform with the requirements of this section. (76) All lawful nonconforming signs existing at the time of passage of the ordinance from which this section is derived, except temporary signs, real estate signs and billboards, must be removed or made to conform by January 1, 2000, unless the existing sign was made nonconforming by a provision of this section. Those nonconforming signs must be removed or made to conform to this section by January 1, 2005. (j) Forfeiture. Any sign installed or placed on public property shall be forfeited to the public and subject to confiscation, unless it conforms to the requirements of this section. In addition to other remedies granted to it by this section, the city shall have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign in a civil action. Sec. 3. The contents of Planning Case File 03-24-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4. This Ordinance shall take effect fifteen days after its publication. (Signature Block) 03-24-ZA:res-ord St. Louis Park City Council Agenda Item: 081803 - 8d - Amendment to Sign Ordinance Page 21 of 21 SIGN AREA REQUIREMENTS AS PER TABLE 36-362A This table identifies the sign categories that exist, and which types of signs fit under each category. PERMANENT SIGNAGE TEMPORARY SIGNAGE Has 30 days per calendar year limit REALESTATE SIGNAGE Displayed until property sells, rents or is leased SIGNS EXEMPT FROM SQUARE FOOTAGE MAXIMUMS & 30- DAY LIMITS Private Directional Sign Greater than 4 square feet sign face area Any sign, other than pedestrian signs, designed to be displayed for a limited period of time and are not permanently attached to a structure or the ground. For Example: Any sign designed to be displayed for a limited period of time and is not permanently attached. Sign can only display leasing, rental and for sale information. Private Directional Sign 4 square feet or less in sign face area Blade Sign Free-standing/non- achored signs that exceed size limitations of pedestrian signs Pedestrian Signs - 3' x 3' x 4' high maximum size -Not exempt from temporary signage square foot limits -Allowed to be displayed for up to one calendar year per permit Wall Signs Banners Decorative Banners (max 15% of allowable sign area) Pylon Signs Signs mounted on vehicles/trailers Canopy/Awning Sign Garage sale signs (No permit req.) St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 1 of 21 8e. Request by RSP Architects on behalf of Carlson Restaurants Worldwide for major amendment to the existing special permit for exterior modifications to TGI Friday's with a variance to the sign ordinance to increase the maximum allowable square footage of signage and number of pylon signs for the property. Case Nos. 03-26-CUP and 03-41-VAR 5875 Wayzata Blvd (Southeast corner of Wayzata Blvd and Zarthan Ave S. The parcel is also the Northeast corner of Zarthan Ave and 16th Street west.) Recommended Action: Motion to adopt a resolution approving the Major Amendment to the existing Special Permit for exterior modifications to the existing TGI Friday's Restaurant subject to the conditions in the resolution. Motion to adopt a resolution approving a variance to allow 739.6 square feet of signage instead of the maximum of 500 square feet total, and 7 pylon signs instead of the maximum allowable of 3. This variance being subject to the condition that the variance expires January 1, 2005 based upon the findings and recommendations of the Planning Commission. Alternative Variance Recommendations: Motion to adopt a resolution approving a variance to allow 739.6 square feet of signage instead of the maximum allowed 500 square feet total subject to the condition that the variance expires upon subdivision or redevelopment of the property. or Motion to direct staff to prepare a resolution of denial of the variance based upon staff's recommendation. Background: Zoning: O, Office Comprehensive Plan Designation: Office Lot Area 527,433 Square Feet A special permit was approved in 1978 to allow the construction of a nine-story office building with bank drive-in facility. That permit was subsequently amended in 1979 to allow the construction of a class-1 restaurant (TGI Friday's). RSP Architects is applying on behalf of Carlson Restaurants Worldwide for a major amendment to the existing special permit. The amendment would be to replace the approved exterior elevations with the new proposed elevations. A variance is also being requested to allow 778.2 St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 2 of 21 square feet of signage instead of the sign ordinance's maximum allowable sign area of 500 square feet. Existing Conditions: The subject property is bordered by Wayzata Blvd to the North, Zarthan Ave to the West and 16th St W to the South. The office building was built in the center of the property, with parking to the north and south of the building. The TGI Friday's restaurant was built as a free-standing building in the northwest corner of the property with parking to the south and east of the building. The property to the east is zoned and developed as office (Stahl Construction), to the south is zoned as C-2 with an approved shopping center PUD (Park Place Plaza), to the west is a combination of office and R-4 zoning and is developed as the Pointe West Commons PUD. Wayzata Blvd & I-394 are to the north. Currently, the exterior of the TGI Friday's restaurant consists of a combination of glass, brick and blue painted wood. Signage on the property consists of 739.6 square feet, and covers both TGI Friday's and the office building. Planning Commission Action & Alternatives: The Planning Commission conducted a public hearing for the application at it's July 16, 2003 meeting. No one from the neighborhood was at the meeting to speak. It was the Commission's decision to recommend the City Council approve the Major Amendment to their Special Permit to allow exterior modifications to the TGI Friday's building as recommended by staff. However, staff had recommended bringing the signage into conformance with City Code, while the Planning Commission recommended approval of a variance to increase the maximum allowable square footage of signage for the property from 500 square feet to 739.6 square feet with the condition that the variance expires on January 1, 2005. This date was chosen because it coincides with the non-conforming signage compliance date found in the sign ordinance. 739.6 square feet was chosen because that is the amount of signage that currently exists today. (The applicant is asking for 778.2 square feet.) The commission's recommendation reduces the requested 778.2 square feet to 739.6, and resolves the signage issues for today, however, the issue will come before the city and property owner in 2005 as a sign violation. Staff asked for the City Attorney's opinion of the Planning Commission's recommendation. The City Attorney responded that an expiration date can be applied, however, the findings should be clear regarding the reason for the expiration. In other words, if a hardship exists today which necessitates granting the variance, then why doesn't the same hardship exist in 2005? If the Council agrees with the Commission that findings have been found to justify the approval of a variance with an expiration date, then the Council should adopt such a resolution. If the Council believes the variance should only expire if there is a substantive change in the conditions of the property (for example, if the property owner divides or St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 3 of 21 redevelops the property), then the Council should adopt the alternative resolution. If the Council concurs with staff that a hardship does not exist, then the Council should direct staff to prepare a resolution of denial. The latter could be considered at the September 2, 2003 City Council meeting. A letter would be sent to the applicant extending the time for considering the request beyond 60 days to allow a new resolution to be prepared. The applicant's consent is not required for the extention. The Commission voted 4-0 to recommend approval of the proposed amendment to the special permit, and voted 4-0 to recommend approval of the proposed variance. Issues: • Do the proposed building elevations meet code requirements? • Does the proposed variance to the Sign Ordinance meet the required findings? Issues Analysis: • Do the proposed building elevations meet code requirements? As stated above, the existing façade consists mainly of glass, brick, wood and red & white awnings. This elevation was approved in 1979 under the existing special permit, but does not meet today's architectural requirements. Section 36-366(b)(6) of the zoning ordinance states that each elevation must have at least 60% of class 1 materials. This category includes glass and brick, but does not include wood. In fact, wood is not acceptable as an exterior material for commercial, office and industrial buildings. The north and east elevations meet the requirements of this code, however the south and west elevations do not. The proposed elevation consists of brick, glass, stone, stucco styled EFIS and larger red & white awnings. The stone will be used primarily in the new entryway to be constructed, and will be used as a feature wall on the north elevation, replacing some existing windows. The brick columns and most of the glass will remain. The existing wood siding is not in compliance with code, and will be replaced with a stucco styled EFIS. This EFIS is a class II material, but meets the requirements of code as it will be less than 40% of each elevation. The architectural ordinance also requires a maximum of 5% per elevation of bright accent colors. TGI Friday's is proposing to use their signature red on the awnings and in the architectural sign element. The proposed elevations have been revised to meet the 5% maximum requirement. • Does the proposed variance to the Sign Ordinance meet the required findings? The applicant is requesting a variance to the sign ordinance to allow more than the 500 square feet of maximum allowed sign area for this property. As stated above, the property includes both the TGI Friday's building and the office building, and therefore, the signage of both buildings must be combined into one total that cannot exceed the St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 4 of 21 500 sq ft maximum. Signage on the property currently consists of eight free-standing signs and several wall signs for a total of 739.6 sq ft. The proposal is to increase the TGI Friday's signage for a total of 778.2 square feet for the entire site by changing both the freestanding and wall signs. The sign ordinance also requires a maximum of one freestanding sign per street frontage. The site has frontage on three sides, and therefore is allowed three pylon signs. The site currently has 8 freestanding signs, 7 are proposed. (One TGIF pole sign would be replaced with an additional wall sign) TGI Friday's has two, one on Wayzata Blvd, the other on Zarthan Ave. The office building has two signs, one also located on Wayzata Blvd, the other on 16th St W. The remaining four signs are small directional signs located at the entrances of the parking lot. Directional signs are exempt from the requirements of the current sign ordinance only if they are less than 4 square feet in sign area and have no advertising. These signs are 10 square feet in area (5 square feet per side), and include the logo of the office building, together with the name of some of the tenants, and therefore do not qualify for the exemption, and must be counted as pylon signs and count toward the maximum square footage. The sign ordinance in place up to the 1992 amendment gave 350 square feet of sign area per acre included in the Diversified Development District. It also allowed advertising on directional signs, while maintaining their exempt status from the maximum number of pylon sign requirement. The original special permit for TGI Friday's limited the number of pylon signs to one for the restaurant. Their currently are two pylons dedicated to the restaurant, however, one of the pylon signs is proposed to be removed as a result of the sign variance application, and as part of the re-imaging of the restaurant. One of the existing TGI Friday's pylon signs, the existing directional signs and the existing sign area are non-conforming, and are subject to the January 1, 2005 "date certain" found in section 36-363(i)(7). If no changes were proposed for the property the property would have to come into compliance by January 1, 2005. However, the proposed special permit amendment requires the property to be brought into compliance to the extent reasonable and possible. Also, the sign ordinance states that any new signs must fully conform to the ordinance, therefore, new sign permits cannot be issued for the property unless it is brought into compliance or a variance is approved. A spreadsheet is attached showing the existing and proposed square footage of signage. 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. St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 5 of 21 The property is currently developed with a nine-story office building and a free-standing restaurant. Staff believes this is a reasonable use of the land, and that a reduction in signage would not prevent reasonable use, but would be equitable in holding this property to the same standard as other properties. With approximately 361 feet of frontage on Wayzata Blvd/I-394, 725 feet of frontage on Zarthan and approximately 867 feet of frontage on 16th St W, it is staff's opinion that visibility is not a problem for this site, and therefore does not warrant a variance to allow additional signage. There are no physical conditions of the property that prevent compliance. The Planning Commission felt that this property would not be treated equitably if the city required them to reduce their signage before the January 2005 compliance date. Therefore, the Commission recommended approval of the variance with the condition that it expire on January 1, 2005. Another option would be to grant the variance with the condition that it expire when there is a substantive land use change such as a subdivision. The Commission finds this criterion has been satisfied. 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. The property is 527,433 square feet in size, and is shared with a nine-story office building. If the TGI Friday's building were subdivided from the office building, then the amount of signage they are proposing today, would meet code for the TGI property, however, the office building property would still not be in compliance. Staff does not believe this is a peculiar situation, and subdividing the property is a legal means to address TGIF's needs without a variance. The Commission believes this is a unique situation, and are recommending the variance be granted with the condition that it expire on January 1, 2005. It is the Commission's belief that this condition maintains the equity between properties with legally non-conforming signage that doesn't have to come into compliance until January 1, 2005. As mentioned above, another option exists to grant the variance with the condition that it expires upon a substantive change in the property, such as a land subdivision. The Commission feels this criterion has been satisfied. 3. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff does not believe the variance is necessary for the preservation and enjoyment of a substantial property right, because the property is currently being successfully used as a nine- story office building and a restaurant with less signage than proposed. Also, the zoning ordinance allocates signage based on lot size, where larger lots such as this one, are allowed more signage for identification. The property owner could equitably distribute the allowable signage as other owners do. Another option would be subdividing, since the amount of signage St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 6 of 21 that currently exists for the TGI Friday's building would meet the requirements of the sign ordinance if it were it's own parcel. The Commission finds that in comparison to other similar restaurants, the existing TGI Friday's restaurant appears to be appropriately signed, therefore, the Commission recommends the approval of the variance of up to 739.6 square feet of signage instead of the requested 778.16 square feet. This variance would allow the property to continue to operate with the existing level of signage until January 1, 2005 at which time it would be required to come into compliance. The Commission finds this criterion has been satisfied. 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. Staff believes the variance would not impair light and air to the surrounding properties, nor would it increase the danger of fire or endanger the public in any way. Staff and the Commission finds this criterion has been satisfied. 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. Staff believes the proposed variance would negatively impact the character of the neighborhood by adding unncessary visual clutter. The property is surrounded by newer development that has had to comply with current regulations. By recommending approval of the variance to allow 739.6 square feet of signage, the Commission believes the variance would not unreasonably impact the character and development of the neighborhood, because the variance would allow only the amount of signage that exists today. The Commission also believes that the character of the neighborhood is preserved by adding the condition that the variance will expire on January 1, 2005, and that the property will be treated equitably with the new development at that time. The Commission believes this criterion has been satisfied. 6. The granting of the variance will not be contrary to the intent of the Zoning Ordinance or Comprehensive Plan. Staff believes the proposal is contrary to the intent of the ordinance, which requires all new signs to comply. The Commission believes that the intent of the sign ordinance is maintained by limiting the amount of signage to what is there today, and by attaching the condition that the variance expires on January 1, 2005. This would require the subject property to come into compliance with today's property along with all other legally non-conforming properties in the city. St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 7 of 21 The Commission 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. Staff does not believe an undue hardship exists in bringing the property into compliance by reducing signage overall or subdividing the TGI Friday's parcel, so it can be considered separately from the office building. The commission noted that their recommended variance will allow TGI Friday's to continue to operate with the same amount of signage that exists today, which is only 107.9 square feet. If TGI Friday's requires more signage, then they would have to work with the property owner to reduce signage somewhere else on the property so that the total site signage would not exceed 739.6 square feet. The total signage would need to be reduced to 500 square feet or the property subdivided by 2005. The Commission believes this criterion has been satisfied. Recommendation: Sign Variance: Based on the analysis that the proposed variance meets the required findings, the Planning Commission recommends approval of the variance to allow 239.6 square feet of signage more than the allowed maximum of 500 square feet with the following conditions: 1. that the variance shall expire on January 1, 2005, at which time the property will be required to comply with the regulations of the sign ordinance. 2. that the applicant meet with the property owner to discuss the January 1, 2005 compliance date for properties with legally non-conforming signage. If the Council agrees with the Planning Commission's findings, and wishes to approve the variance with conditions, then staff recommends the attached alternative resolution approving the variance to allow 239.6 square feet of signage more than the allowed maximum of 500 square feet with the following conditions: 1. The variance shall expire upon subdivision or redevelopment of the property. Major Amendment to Special Permit: Staff and the Planning Commission also recommend approval of the Special Permit amendment subject to the following conditions: St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 8 of 21 1. At least two weeks prior to Council consideration, the applicant shall submit revised building elevations that meet all current architectural ordinance requirements. (This condition has been satisfied.) 2. Prior to issuance of any new sign permits, the applicant shall submit plans for bringing the property into compliance with the sign ordinance or according to the terms of an approved sign variance. 3. All approved building and sign modifications shall be completed prior to issuance of a new occupancy permit for the restaurant. Attachments: • Existing Conditions Airphoto • Existing and Proposed Elevations. • Existing and Proposed Sign Plan. • Proposed Special Permit Resolution. • Planning Commission Recommended Variance Approval Resolution. • Alternative Variance Resolution. Prepared By: Gary Morrison, Assistant Zoning Administrator 952-924-2592 Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 9 of 21 RESOLUTION NO. ____ Amends and Restates Resolutions 6258, 6173 and 87-209 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 6258 ADOPTED ON MAY 7, 1979, AND RESOLUTION NO 87-209 AND GRANTING AN AMENDMENT TO AN EXISTING SPECIAL PERMIT UNDER SECTION 36-36(d)(4) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO ALLOW EXTERIOR MODIFICATIONS FOR AN EXISTING RESTAURANT FOR PROPERTY ZONED O - OFFICE DISTRICT LOCATED AT 5875 WAYZATA BOULEVARD FINDINGS WHEREAS, Carlson Restaurants Worldwide has made application to the City Council for an amendment to an existing special permit under Section 36-36(d)(4) of the St. Louis Park Ordinance Code to allow exterior modifications for an existing restaurant at 5875 Wayzata Boulevard, within a O - Office District having the following legal description: Lot 4, Block 2, Park Plaza (Abstract) WHEREAS, the City Council has considered the information related to Planning Case Nos. 78-127-DDD, 79-13-SP and 03-26-CUP and the effect of the proposed exterior modifications for an existing restaurant on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning Ordinance; and WHEREAS, a special permit was issued regarding the subject property pursuant to Resolution No. 6173 of the St. Louis Park City Council dated November 20, 1978 which contained conditions applicable to said property; and WHEREAS, an amendment to the existing special permit was issued regarding the subject property pursuant to Resolution No. 6258 of the St. Louis Park City Council dated May 7, 1979 which contained conditions applicable to said property; and WHEREAS, due to changed circumstances, amendments to those conditions are now necessary, requiring the amendment of that special permit; and WHEREAS, a second special permit running concurrently with the restaurant special permit was issued regarding the subject property pursuant to Resolution No. 7019 of the St. Louis Park City Council dated December 7, 1981 which also amended Resolution No. 6258 which contained conditions applicable to said property; and St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 10 of 21 WHEREAS, the second special permit was subsequently rescinded and replaced by Resolution number 85-102, which was rescinded and replaced by Resolution 87-209 which continued and amended the special permit and added conditions pertaining to an addition to the existing nine-story office building; and WHEREAS, it is the intent of this resolution to combine both existing special permits into one special permit for the property; and WHEREAS, it is also the intent of this resolution to continue and restate the conditions of the permit granted by Resolution No. Resolution No. 6258 and 87-209 and to add the amendments now required, and to consolidate all conditions applicable to the subject property under both resolutions into this resolution; WHEREAS, the contents of Planning Case File 03-26-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. CONCLUSION NOW THEREFORE BE IT RESOLVED that Resolution No. 6258 (document not filed) and Resolution No 87-209 are hereby combined, restated and amended by this resolution which continues and amends a special permit to the subject property for the purposes of permitting a restaurant within the O - Office District at the location described above based on the following conditions: 1. The site shall be developed, used and maintained in accordance with Exhibit A - Site Plan; Exhibit B - Planting and lighting Plan; Exhibit C - Grading Plan; Exhibit D - Garage Level Plan; Exhibit E - Elevation Plans; Exhibit F - Site Plan and Utility Diagram, except as modified on November 9, 1978 and on July 1, 1985, and on August 18, 2003. (Exhibits are on file in the City Development office at the City of St. Louis Park.) 2. All landscaping, parking improvements, curbing, sodding, building construction and related elements as shown on the exhibits shall be completed by October 15, 1980. 3. That a Class III restaurant be allowed on the first floor as shown on Exhibit G - Cafeteria, containing no more than 1,800 square feet of floor area and without any exterior signage. 4. An addition to the east side of the building containing 1,866 square feet is hereby permitted in accordance with Exhibit H - Park Place Office Building Addition Site Plan/Floor Plan; and Exhibit I - Park Place Office Building Addition Elevations. Said Exhibits H and I supersede the exhibits in Condition No. 1, but only to the extent relative to the 1,866 square foot addition and realignment of the St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 11 of 21 abutting driveway connecting the two parking lots and adjacent landscaping. If the proposed addition is constructed, it shall be completed, including the said landscaping adjustments and driveway, by May 15, 1986. 5. An addition to the northeast side of the building containing 1,492 square feet is hereby permitted in accordance with Exhibit A1 - Site Plan and Planting Plan; and Exhibit E1 - Elevation Plan, with all improvements to be completed by October 30, 1988. 6. The following conditions pertain to the restaurant building located in the northwest corner of the subject property: a. The site shall be developed, used and maintained in accordance with Exhibit A, Site Plan; Exhibit B, Planting and Lighting Plan; Exhibit C, Grading Plan; Exhibit D, Garage Level Plan; Exhibit E, Elevation Plans; Exhibit F, Site Plan and Utility Diagram, except as modified by the Planning Department on November 8, 1978; and as amended by condition "h" adopted on August 18, 2003. b. All landscaping, parking improvements, curbing, sodding, building construction, and related elements shown on the exhibits, shall be completed by October 15, 1980. c. That the northwest corner of the lot be developed, used, and maintained in accordance with the following site plans and development plans: Sheet A1, A3, A4 and SC1 and the Landscape Plan, Exhibit G. d. That the exterior columns be brick, compatible and consistent with the brick planter. e. That all signage be consistent with the sign policy for the DDD area, and No more than one free-standing sign identifying the restaurant be placed on the property. (Amended by condition "h" adopted on August 18, 2003) f. That all on-sale liquor sales shall occur only within the restaurant building and the attached patio court adjacent to the northwest corner of the building as shown on the site plan. g. That all landscaping, site development, and construction required and as shown on the exhibits, be completed by May 15, 1980. h. The special permit shall be amended on August 18, 2003 to incorporate all of the preceding conditions and allow exterior modifications to the existing restaurant subject to the following conditions: St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 12 of 21 (1) The restaurant exterior shall be modified and maintained in accordance with Exhibit E, stamped as received August 13, 2003, except that signs shown on the elevations are not approved. Such documents incorporated by reference herein. (2) Prior to issuance of any new sign permits, the applicant shall submit plans for bringing the property into compliance with the sign ordinance or according to the terms of an approved sign variance. (3) All approved building and sign modifications shall be completed prior to issuance of a new occupancy permit for the restaurant. Under the Zoning Ordinance, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of building permit. Reviewed for Administration: Adopted by the City Council August 18, 2003 City Manager Mayor Attest: City Clerk 03-26-CUP:N/res-ord St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 13 of 21 VARIANCE RESOLUTION NO. ____ A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362(f)(20) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 739.6 SQUARE FEET OF SIGNAGE INSTEAD OF THE ALLOWED MAXIMUM OF 500 SQUARE FEET AND 7 PYLONS INSTEAD OF THE ALLOWED MAXIMUM OF 3 FOR PROPERTY LOCATED IN THE O - OFFICE DISTRICT AT 5875 WAYZATA BOULEVARD SUBJECT TO CONDITIONS BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Carlson Restaurants Worldwide has applied for a variance from Section 36-362(f)(20) of the Ordinance Code relating to zoning to permit 739.6 square feet of signage instead of the allowed maximum of 500 square feet for property located in the O -Office District at the following location, to-wit: That part of Lot 4, Block 2, Park Plaza, files of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 4; thence North 87 degrees 36 minutes 36 seconds West, assumed basis for bearings, along the north line of said Lot 4, a distance of 299.22 feet to the point of beginning of the property herein described; thence South 00 degrees 27 minutes 23 seconds West, 65.75 feet; thence North 89 degrees 32 minutes 37 seconds West 8.00 feet; thence South 00 degrees 27 minutes 23 seconds West, 89.34 feet; thence South 89 degrees 32 minutes 37 seconds East, 8.00 feet; thence South 00 degrees 27 minutes 23 seconds West, 5.00 feet; thence Southwesterly 28.79 feet, along a tangential curve, concave to the northwest, central angle, 90 degrees 00 minutes 00 seconds, radius, 18.33 feet; thence North 89 degrees 32 minutes 37 seconds West, 4.59 feet; thence North 00 degrees 27 minutes 23 seconds East, 18.33 feet; thence North 89 degrees 32 minutes 37 seconds West, 132.84 feet; thence South 00 degrees 27 minutes 23 seconds West, 18.00 feet; thence North 89 degrees 32 minutes 37 seconds West, 10.38 feet to the westerly line of said Lot 4; thence North 01 degrees 39 minutes 00 seconds East along said westerly line, 83.61 feet; thence North 47 degrees 01 minutes 08 seconds East, along said westerly line, 140.50 feet to the north line of said Lot 4; thence South 87 degrees 36 minutes 36 seconds East along said north line, 62.41 feet to the point of beginning. St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 14 of 21 2. On July 16, 2003, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance. 3. The Planning Commission has considered the effect of the proposed variance 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 variance upon the Comprehensive Plan. 4. Because the variance does not increase the amount of signage from what exists today, and because the variance eliminates one existing pylon sign, and because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed 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, 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. 5. The special conditions, which include two principal buildings on one parcel, 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 that exists with two principal buildings on one parcel and a difficulty that exists by requiring the property to comply before the January 1, 2005 compliance date for all legally non- conforming signage. 7. The contents of Planning Case File 03-41-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, this variance 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 variance is granted. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 15 of 21 The application for the variance to permit 739.6 square feet of signage instead of the allowed maximum of 500 square feet and allowing 7 pylon signs instead of the allowed maximum of 3 is granted based upon the finding(s) set forth above and subject to the condition that the variance shall expire on January 1, 2005, and in accordance to the sign plan dated August 18, 2003 which states that the TGI Friday's restaurant shall have only 1 pylon sign, and 4 of the pylon signs apply to the existing four directional signs located at the entrances to the property off of Zarthan Ave S, and shall not be increased in size or height. 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 August 18, 2003 City Manager Mayor Attest: City Clerk 03-41-VAR:res-ord St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 16 of 21 VARIANCE ALTERNATIVE RESOLUTION NO. ____ A RESOLUTION GRANTING A VARIANCE FROM SECTION 36-362(f)(20) OF THE ORDINANCE CODE RELATING TO ZONING TO PERMIT 739.6 SQUARE FEET OF SIGNAGE INSTEAD OF THE ALLOWED MAXIMUM OF 500 SQUARE FEET AND 7 PYLONS INSTEAD OF THE ALLOWED MAXIMUM OF 3 FOR PROPERTY LOCATED IN THE O - OFFICE DISTRICT AT 5875 WAYZATA BOULEVARD SUBJECT TO CONDITIONS BE IT RESOLVED BY the City Council of St. Louis Park, Minnesota: FINDINGS 1. Carlson Restaurants Worldwide has applied for a variance from Section 36-362(f)(20) of the Ordinance Code relating to zoning to permit 739.6 square feet of signage instead of the allowed maximum of 500 square feet for property located in the O -Office District at the following location, to-wit: That part of Lot 4, Block 2, Park Plaza, files of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 4; thence North 87 degrees 36 minutes 36 seconds West, assumed basis for bearings, along the north line of said Lot 4, a distance of 299.22 feet to the point of beginning of the property herein described; thence South 00 degrees 27 minutes 23 seconds West, 65.75 feet; thence North 89 degrees 32 minutes 37 seconds West 8.00 feet; thence South 00 degrees 27 minutes 23 seconds West, 89.34 feet; thence South 89 degrees 32 minutes 37 seconds East, 8.00 feet; thence South 00 degrees 27 minutes 23 seconds West, 5.00 feet; thence Southwesterly 28.79 feet, along a tangential curve, concave to the northwest, central angle, 90 degrees 00 minutes 00 seconds, radius, 18.33 feet; thence North 89 degrees 32 minutes 37 seconds West, 4.59 feet; thence North 00 degrees 27 minutes 23 seconds East, 18.33 feet; thence North 89 degrees 32 minutes 37 seconds West, 132.84 feet; thence South 00 degrees 27 minutes 23 seconds West, 18.00 feet; thence North 89 degrees 32 minutes 37 seconds West, 10.38 feet to the westerly line of said Lot 4; thence North 01 degrees 39 minutes 00 seconds East along said westerly line, 83.61 feet; thence North 47 degrees 01 minutes 08 seconds East, along said westerly line, 140.50 feet to the north line of said Lot 4; thence South 87 degrees 36 minutes 36 seconds East along said north line, 62.41 feet to the point of beginning. St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 17 of 21 2. On July 16, 2003, the Planning Commission held a public hearing, received testimony from the public, discussed the application and recommended approval of a variance. 4. The Planning Commission has considered the effect of the proposed variance 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 variance upon the Comprehensive Plan. 4. Because the variance does not increase the amount of signage from what exists today, and because the variance eliminates one existing pylon sign, and because of conditions on the subject property and surrounding property, it is possible to use the property in such a way that the proposed 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, 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. 5. The special conditions, which include two principal buildings on one parcel, 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 that exists with two principal buildings on one parcel. 7. The contents of Planning Case File 03-41-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, this variance 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 variance is granted. 9. Under the Zoning Ordinance, this variance shall be revoked and cancelled if the building or structure for which the variance is granted is removed. CONCLUSION St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 18 of 21 The application for the variance to permit 739.6 square feet of signage instead of the allowed maximum of 500 square feet and allowing 7 pylon signs instead of the allowed maximum of 3 is granted based upon the finding(s) set forth above and subject to the condition that the variance shall expire upon redevelopment or subdivision of the property, and in accordance to the sign plan dated August 18, 2003 which states that the TGI Friday's restaurant shall have only 1 pylon sign, and 4 of the pylon signs apply to the existing four directional signs located at the entrances to the property off of Zarthan Ave S, and shall not be increased in size or height. 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 August 18, 2003 City Manager Mayor Attest: City Clerk 03-41-VAR:res-ord St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 19 of 21 Sign Plan - Page 1 EXISTING AND PROPOSED SIGNAGE Existing and Proposed Office Building 1 Park Place East Bldg Sign 178 sq ft 2 CDI (two signs 25 sq ft ea.) 50 sq ft 3 Bldg Logo (two signs 10.5 sq ft ea.) 21 sq ft 4 M&I Bank 12 sq ft 5 24 hour ATM 15.2 sq ft 6 Freestanding Entrance Sign (four signs 10 sq ft ea.) 40 sq ft 7 M&I Bank (two signs 54 sq ft ea.) 108 sq ft 8 Monument Sign 62 sq ft 9 Monument Sign 128 sq ft 10 Canopy Signs (two signs 8.75 sq ft ea.) 17.5 sq ft Office Total: 631.7 sq ft Existing TGI Friday's 11 Logo Pole Sign 40 sq ft 12 Logo Pole Sign 40 sq ft 13 Bldg Sign 9.3 sq ft 14 Bldg Sign 9.3 sq ft 15 Bldg Sign 9.3 sq ft Existing TGI Friday's Total: 107.9 sq ft EXISTING SITE TOTAL: 739.6 sq ft Proposed TGI Friday's 16 Logo Pole Sign 44 sq ft 17 Entry Sign (North Elevation) 26.28 sq ft 18 Entry Sign (East Elevation) 26.28 sq ft 19 Bldg Sign (East Elevation) 44.5 sq ft 20 Entry Canopy (North Elevation) 5.4 sq ft Proposed TGI Friday's Total: 146.46 sq ft PROPOSED SITE TOTAL (PROPOSED TGI + EXISTING OFFICE): 778.16 sq ft St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 20 of 21 Sign Plan - Page 2 12 2 3 3 45 6 6 6 6 7 7 8 9 10 10 11 12 13 14 15 16 17 18 19 20 Proposed Signs Existing Signs St. Louis Park City Council Agenda Item: 081803 - 8e - TGI Friday's Variance Amendment Page 21 of 21 Existing Conditions 2000 Photo