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05-14-13 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Gonference Room May 14, 2013 6:30 pm Pages 1. North Memorial Ambulance Presentation 2 2. Receipt of 2012 Annual Report - Environmental Commission 3-6 3. July 4 Naturalization Ceremony 7-9 4. General Land Use Plan Map Amendment Request - Schulter's Tavern - 10-24 7345 Country Glub Drive 5. Proposed City Code Amendment - Section 10.23 - Recreational Fires 25-32 6. Propased City Code Amendment - Section 10.40 - Lacation af Containers - 33-41 Residential Zoning Districts 7. Bottineau Transitway Station Area Planning 42-70 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Councit. , This document is available in alternate farmats up�n a 72-hour rec�uest,Piease call 763-593-8�1Ob (TTY: 763-593-3968}to make a request. Examples of alternat�f�rmats may i�clude large print,electronic,'Braille,audiocassette,etc. �� ; City Administratian/Cauncil 763 593 8Q03/763 S93 8109(fax) Executive Summary Golden Valley Council/Manager Meeting May14, 2013 Agenda Item 1. North Memorial Ambulance Service Prepared By Thomas Burt, City Manager Summary Representatives from North Memorial will be at the meeting to present a report about the ambulance services they provide to the City. �.�t� V� I Public Works Department 763-593-8030/763-593-3988{fax) �� ,_�� - ,�� .« �� .. �.�... - �_ � ._. � � Executive Summary Golden Valley Council/Manager Meeting May 14, 2013 Agenda Item 2. 2012 Annual Report - Environmental Commission Prepared By Jeannine Clancy, Qirector of Public Works Summary The Environmental Commission has prepared its 2012 annual report which ineludes a summary of its work on the keeping of chickens and curbside recycling. Chair Jim Stremel will be in attendance to present the report. The Commission also completed its 2013 work plan highlighting priorities for the remainder of 2013. The work plan includes the following items: First Priority: Develop Natural Resaurces Management Plan � Review current natural resource management practices and convert into formal policies. � Explore alternative uses for City-owned open space parcels scattered throughout the community (e.g., potential for development, adopt-a-lot program, conversion to native vegetation or low maintenance turf, buckthorn busting, community gardens). � Review and update current ordinances impacting natural resources (such as invasive species). � Identify opportunities for educating residents about the use and management of the City's natural areas. Second Priority: If so directed, provide support to City Council on Organized Solid Waste Collection study to include composting � Institute City-wide kitchen waste collection. � Amend composting ordinance to inctude schools, businesses, and multiple-famity residential developments. � Study City-sponsored composting, as was implemented in Hutchinson. Third Priority: Transportation Alternatives � Identify actions to improve the transportation and recreational alternatives of community non-resident employees of large Golden Valley employers, and to incent employees to engage in alternative and mass transit options. � Identify actions to promote use of transportation alternatives by Golden Valley schools and students. � Identify actions to improve biking and walking opportunities in Golden Valley (e.g., bike lanes and sidewalks). � Identify improvements to bus routing and other community transportation options in Golden Valley, and begin planning access to Bottineau Line. � Identify improvements to better meet the needs of Golden Valley seniors and others in accessing shopping and mass transit connections (explore possibility of support/collaboration with Hennepin County Active Living Initiative). � Identify actions to promote Golden Valley citizens' understanding and use of existing transportation alternatives (e.g., Five Cities Transit Program) Please provide feedback on the report and direction on the 2013 priorities. Attachment • 2012 Annual Report- Environmental Commission (2 pages) GI�� Ll� �"t��YZ �cl�.�.� � 2012 ANNUAL REPORT GOLDEN VALLEY ENVIRONMENTAL COMMISSION Prepared by Jim Stremel, Vice Chair Apri1 2013 In accordance with Section 2.50, Subd. 4 of the Golden Valley City Cade, the Golden Valley Environmental Commission submits the following report of its 2012 activities, organized by the Commission's duties and responsibilities. Summary The primary focus of the Enviranmental Commission during 2012 was collecting, reviewing, and ultimately making a recommendation to the City Council regarding a change to Section 10.32 of the City Code in regard to chicken keeping within the City. The Environmental Commission also received updates on the City's new curbside recycling program. At the monthly Commission meetings, program and project updates were routinely received from staff. Updates provide the Commission with an opportunity to review and provide input to staff from an environmental standpoint, and to identify issues the Commission might want to address. Chickens At the request of the City Council, in May 2012, the Environmental Commission began studying the hobby of backyard chicken keeping. As part of the study, the Commission heard from professionals who spoke on behalf of the benefits, drawbacks, wildlife impacts, and enforceability of amending the City Code to allow residents to participate in the hobby. After hearing testimony from many points of view and conducting individual research work, Commissioners deliberated over the issue. As with any topic, both positive and negative aspects of chicken keeping were identified. The challenge the Commissioners addressed was weighing these factors against the greater environmental considerations for the City. In January 2013, on a 4-3 vote, the Commission decided to recommend to the City Council a modification to Section 10.32 of the City Code to allow the keeping of chickens. Environmental Commission Chair Rich Baker presented the Commission's final report and recommendation at the March 12, 2013 Golden Valley Council/Manager meeting. Curbside Recycling January 1, 2012 was the start of the City's new curbside recycling program. In 2011, the Environmental Commission provided feedback to staff about components of the new program. Items requested to be included in the program were: 1 Gl�� +�� t��t��'l � V c�.�.�� r � • Curbside pick-up of electronics • Environmentally-sound practices and efficiency • 100% revenue sharing • A selection of wheel containers • Added materials as recommended by the Minnesota Pollution Control Agency The City's new curbside recycling program incorporated all of these requested items. Comparing 2011 to 2012, the amount of material collected increased 20% (an additional 795,520 pounds of material was collected). The City received $74,514.64 in revenue sharing from the sale of the recycled materials, which covered just over two months of recycling costs for the City. 2 �� . � City Administration/Council 763-593-8003/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting May 14, 2013 Agenda Item 3. July 4 Naturalization Ceremony Prepared By Thomas Burt, City Manager Summary Mayor Harris requested this item be placed on the agenda for discussion. Attachments Naturalizatian Ceremony Program (2 pages) � � �� o � x � � � W � � °�� M � � � � ~ �~ � � � N � � � � � � O � ,� � � � 'O�� •� � M��I �••I � � M � ^'� � -. 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Planning Department 763-593-8095/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting May 14, 2013 Agenda Item 4. General Land Use Plan Map Amendment Request-Schuller's Tavern - 7345 Country Club Drive Prepared By Joe Hogeboom, City Planner Summary Schuller's Tavern, located at 7345 Country Club Drive, has requested to amend the City's General Land Use Plan Map in order to ultimately construct an ansite patio. This is the same request that was made in 2Q12. Schuller's Tavern is currently designated on the City's General Land Use Plan Map as "Low Density Residential." This designation has been in place since at least the 1950s. The property is zoned "R-1 Single Family Residential."Therefore, as a restaurant and bar, it is a legally non-conforming land use, State Statute 462.357 defines a legally non-conforming land use as: "The lawful use or occupation of land or premises existing at the time of the adoption of an additional control (which) may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion." Statutory language does not permit for an "expansion" of a legally non-conforming land use. Construction of a patio intended for outdoor dining and drinking at Schuller's Tavern would expand the use of the establishment beyond its current capacity. Therefore, under the provisions of the current land use and zoning controls, Schuller's Tavern may not construct a patio. Schuller's Tavern is legally entitled to make improvements to its existing amenities. If the majority of the City Council agrees to hold a public hearing to amend the General Land Use Plan Map, the Planning Commission and the City Council would hold hearings to designate the Schuller's Tavern property to "Commercial - Retail." This process occurred in 2012, resulting in a negative recommendation from the Planning Commission and no action taken by the City Council. If the land use designation change were to be approved,the property owner would have ta petition to rezone the property, apply for and receive a Conditional Use Permit and request variances for setback encroachments. If the City Council agrees to again allow Schuller's Tavern's request to amend the General Land Use Plan Map to move forward, staff recommends requiring that Schuller's provide a current survey of the property as well as to draft legal language placing a covenant on the property to restrict future commercial redevelopment activities. If the majority of the City Council direct staff to move forward with amending the Comprehensive Plan to designate Schuller's Tavern as "Commercial-Retail" on the General Land Use Plan Map, staff will initiate the process. Staff seeks further direction from the City Council. Attachments • Council/Manager Minutes dated June 12, 2012 (2 pages) • Planning Commission Minutes dated July 9, 2012 (8 pages) • City Council Minutes dated August 8, 2012 (3 pages) Council/Manager Meeting Minutes June 12, 2012 Present: Mayor Harris and Council Member , Clausen, Freiberg, Pentel and Scanlon, City anager Tom Burt, Assistant City Manager hantell Knauss, City Attorney Allen Barnar Fi nce Director Sue Virnig, Chief of Fire a d Inspections Mark Kuhnly, Fire/Propert Mai nance Specialist Josh Kunde, Fire E ucation Specialist Steve Baker, Cit anner Joe H eboom, and Administrative Assist t Lisa Wittman. The meeti began at 6:30 pm in the Cou il Conference Room. Bottineau Tran 'tway Locally Preferred Iternative (LPA) Joe Hogeboom int duced Brent Rusco, H nnepin County, ttineau Project Manager and Mary Karlsson, ropolitan Council, ong Range Tr sportation Planning. Mr. Rusco reviewed the Bott au Transifinray urpose, n s, goals and objectives. Ms. Karlsson reviewed the LPA lection proc s, expl " ed the decision-making structure and discussed the project time and the has of project development. She explained that the Hennepin County Railroa uthori i ooking for Ci#y resolutions of support of the LPA by June 26. The Council discussed their various c ce with the LPA including: the potential loss of parkland, the impact to wetlands, t on-g ng aintenance of county sidewalks, funding for station area planning, the lac f parkin , nois and vibration issues, impact to homes in the area and the need for, d location , retainin walls. After the discussion, the Council consensus was to nsider a revis d resolution at addresses their concerns at the next regular City Co cil meeting 2011 Comprehens' Annual Financial tatements Bill Lauer of the iting firm of Malloy Mo tague Karnowski Radose and Company, presented the 11 Comprehensive Annu I Financial Report, Manageme Report and Special Purp e Audit Report. He noted t t they have issued an unqualifie , "clean" opinion o e City's financial statements. Mr. L er reviewed highlights from the M agement Report and noted that one on-goin fin � g is the limited segregation of duties n certain areas due to the small size of the � 's office staff. General Land Use Plan Map Amendment Request— Schuller's Tavern — 7345 Country Club Drive Joe Hogeboom stated that Schuller's would like to add a patio to their property. He explained that the property is currently considered to be non-conforming because it is guided for Low Density Residential on the General Land Use Plan Map and it is zoned Single Family Residential. In order for Schuller's to expand their structure to include a patio, the majority of the City Council must agree to allow the process to go forward to a public hearing in order to consider amending the General Land Use Plan Map. If the General Land Use Plan Map is amended, Schuller's can then apply to rezone the property, apply for a Conditional Use Permit, and apply for variances to bring the property into conformance. Council/Manager Meeting Minutes June 12, 2012 — Page 2 The Council discussed their concerns over what other types of uses/businesses could operate at this location if the property was rezoned Commercial. They also discussed the possibility of rezoning the property to the proposed new Light Commercial zoning district once that district has been established. After discussion, the Council consensus was to allow Schuller's to move forward with the proposal to re-designate the property to Commercial on the General Land Use Plan Map amendment since both the Commercial zoning designation and the proposed new Light Commercial zoning designation would be allowed in the Commercial category on the General Land Use Plan Map. Quasi judicial Proceedings Ilen Barnard reviewed the definition f quasi-judicial proceedings and stressed the i portance of fair, open and impartial earings. He explained that in order to be fair, open a impartial, decisian makers shoul limit ex-parte contacts. Also, information cannot be rec �ved in private but must be obtai d in an open forum where both parties to the matter have e information available and ar in a position to respond to it. The Cou cil questioned the type of c nversations that would need to be disclose d how they ould disclose them. Barn rd suggested that the Council consider opting a policy regar ' g these matters. Proposed City de Amendments Residential Property Mai nance Josh Kunde was i ttendance to re iew the current Residenti roperty Maintenance program. He gave a esentation to e Council and discus d the number of complaints received each year, th rocess use to handle complai and the differences between citations and violations. also revi wed the rental li nsing program and discussed some of the code changes e is rec mmending re rding residential property maintenance. The Council discussed enforcem t su , the amount of time it takes to get some complaints resolved and the langu ' the ordinance regarding the location and screening of garbage cans. Kunde ussed the timeline involved in following the legal requirements when a violation o ita � is issued. He also explained that enforcing the garbage can requirements is icult ec se trash is picked up every day of the week. Also, some residents can' the gar ge c s in their garage or the topography makes it difficult to store garbag ans on the ide of t ir house. After discussion, the consensus was to better define language reg rding the 1lowed location of garbage can storage, have the Ci#y Atto ey review the ord ances, an ring them back to a future Council/Manag meeting. Emergen Management Plan Steve B er was in attendance to re ew the City's Eme ency Management Plan includ' g the emergency operations nter and the emerg cy operations plan. He exp ined the goals of the emergenc management plan and discussed when the e rgency operations center is activ ted, its role, its priorities, and how it works. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 3 3. Informal Public Hearing — General Land Use Plan Map Amendment— 7345 Country Club Drive —CPAM-51 Applicant: City of Golden Vailey Address: 7345 Country Club Drive (Schuller's) Purpose: To change the designation on the Generai Land Use Plan Map from Low Density Residential to Commercial-Retail Grimes stated that this is a General Land Use Plan Map Amendment brought forth by the City Council. He explained that the City is the applicant and only the City Council can amend it since it is the City's plan, He stated that at the June 12, 2012 Council/Manager meeting Schuller's Restaurant asked the City Council to consider changing the General Land Use Plan Map designation from Low Density Residential to Commerciaf-Retail in arder to allow them to construct an outdoor patio. Grimes explained that staff and the City Attorney believe that the addition of a patio would be considered an expansion of an existing non-conforming use which is not allowed per City Code. He stated that he researched the history of this property in order to try to figure out how long this property has been designated Low Density Residential. The first Comprehensive Plan (1959) had the property designated Low Density Residential and it has been zoned Single Family Residential since at least the early 1970s. He added that there are a number of steps involved before expanding the restaurant would even be possible. The General Land Use Plan Map would have to be amended, the property would then have to be rezoned, a Conditional Use Permit to allow for a restaurant would have to be abtained and variances would be required because the building is non-conforming with setback requirements. Waldhauser asked about uses that would be allowed if the property were rezoned. Grimes stated that one of the concerns he has is regarding the uses that would be allowed if the property were zoned Commercial. He said offices, retail uses, restaurants, auto-related uses with a Conditional Use Permit and anything else allowed in the Commercial zoning district would be allowed at this property if it were rezoned. He added that the building could aiso be torn down and a different one built. He explained that another concem is the impact of the land use changes on the residential and institutional properties adjacent to the property. Staff believes the General Land Use Plan Map should not be changed. Waldhauser asked if Schuller's would be allowed to reconfigure the building. Grimes said they are allowed to maintain, repair and replace the existing building, but they cannot expand it. Schmidgall referred to the potential new Light Commercial zoning district and asked what types af uses would be allowed if the property was rezoned Light Commercial. Grimes stated that many of the same uses as the Commercial zoning district, with the exception of auto-related uses, coufd potentially be allowed in the Light Commercial zoning district. Minutes of the Golden Valley Pianning Commission July 9, 2012 Page 4 Schmidgall asked if there is any other way a patio could be added to this property. Grimes reiterated that as long as the patio is going to be used by their customers it would be considered an expansion and in order to expand, the property would need to be rezoned. Segelbaum asked if the General Land Use Plan Map and Zoning re-designations could go through the amendment process simultaneously since the two plans ultimately have to match. Grimes stated that there is a period of time allowed after the General land Use Plan Map is amended to change the Zoning designation. Kluchka referred to the General Land Use Plan Map and asked what the "semi-public facilities" category means. Grimes stated that is the designation for nursing homes, hospitals, etc. Kisch questioned if Schuller's would need a Conditional Use Permit if the Zoning of the property were to change. Grimes said yes and explained that if the property were to be rezoned it opens all sorts of issues with the Building Code, Zoning Code and other requirements. Kluchka asked how the building got built in the first place. Grimes explained that it was built in 1929 before the City had a Zoning Code. He added that at that time Country Club Drive was more of a crossroad than it is currently. Segelbaum asked if the request gets to the Conditional Use Permit phase if conditions could be placed on it regarding noise, hours, etc. Grimes said yes and stated that because this property is in a unique area, next to residential properties, there may be more conditions than usual such as sound mitigation, screening, and lighting. Segelbaum stated that the opportunity to address some of the concerns could arise during the potentia! Conditional Use Permit process. Schmidgall said he would enjoy Schuller's having a patio but he is nervous to think about what else could potentially be located at this property if it were to be rezoned. He asked if the City could pass an ordinance to allow the patio addition. Grimes said no, the City could not pass an ordinance approving a patio. Schmidgall asked if covenants could be put in place or if a Conditional Use Permit or Rezoning could be revoked if Schuller's ever left this �ocation. Grimes said he thinks there would be property rights issues involved with that kind of action. He reiterated that if the City wants to allow Schuller's to expand than the process that has been discussed is the way it has to be done. Segelbaum asked if the Single Family Residential zoning district could be amended to add a bar use. McCarty asked if the occupancy could be limited. Grimes stated that Schuller's adding more seats to their restaurant equals an expansion which means the General Land Use Plan Map and Zoning for the property would need to change. Kluchka asked Grimes to summarize the recommendation in the staff report. Grimes stated that staff is recommending denial of the amendment to the General Land Use Plan Map finding that the property has been guided Low Density Residential since 1959 implying to the surrounding homeowners that the property cannot be expanded as a Minutes of the Golden Valley Planning Commission July 9, 2012 Page 5 commercial venue, there have been significant concerns from the neighborhood regarding the negative impacts this could have and establishing the property as Commercial-Retail would alJow other commercial uses on this property. Waldhauser stated that most af the commercial uses that could potentially operate at this property would be similar in use to the current use such as a small restaurant or small � office building. She added that the only objectionable use would be the auto related uses. Kluchka asked about the City Council's discussion of this proposal. Grimes stated that Schuller's brought their idea of constructing a patio to the City Council and that the majority of the Council thought this proposal was something they would like to consider so the direction by the Council was to start the process by having the Planning Cammission consider amending the General Land Use Map designation. He added that on the surface this proposal doesn't seem to be a big deal, but there are some legitimate concerns by the neighbors regarding noise, etc. and the City has to be realistic about being able to enforce any conditions that could be placed on the property. Steve Sands, 14QQ Sumter Avenue North, representing Schuller's, gave the Planning Commissioner's a drawing of the proposed patio and landscape design. He also submitted a petition from bar patrons who support the proposed patio addition. He stated that Schuller's has had offers from people #o purchase the property, but they have turned them down. He referred to a rumor circulating that Schuller's paid people for their signatures on the petition he submitted and explained that signatures were not bought, but Schuller's did give some gift cards to people as a way of saying thank you. Ray Jacob, Schuller's owner, stated that he has been in the restaurant business since 1961, He said he owns three restaurants and two of them have patios under construction. He reiterated that he has had many offers to sell Schuller's but he is not interested in selling because his plan is to pass the restaurant on to his children. He said his business is down and they've had to reduce staff. As a result he is trying to improve business by adding a patio. He stated that Schuller's supports many activities, groups and events in Golden Valley such as softball, volleyball, tennis, church events and school events. He added that he has had some of his employees since 1968 and that he his good to his employees and his customers. Mark Jacob, representing Schuller's said the restaurant has always been a place that is close to his heart and he could never sell it, they just want to update it. Waldhauser asked Ray Jacob when he purchased the property. Jacob said he bought the property in 1989. McCarty asked when they started reducing staff. Mark Jacob said they started reducing staff approximately two y�ars ago. Segelbaum asked Ray and Mark Jacob if they could address the concerns they've heard from the neighbors. Minutes of the Golden Valley Planning Commission Ju1y 9, 2012 Page 6 Mark Jacob showed the illustration of the patio design and explained that there will be trees added as a buffer and screening. Waldhauser asked if they are planning any other modifications to the building. Ray Jacob said he would like to install more windows on the west to better view and monitor the proposed patio. Mark Jacob added he is also concerned that he cannot re-build the structure if it were to burn down. Grimes clarified that legally non-conforming uses may be continued, including repair, replacement, restoration, maintenance or improvement, but not including expansion. Cera asked the Jacobs if they've had a neighborhood meeting. Ray Jacob said they have not. Kisch reminded the Cammission that this item was brought forward by the City and #hat Schuller's is not the applicant at this point in the proposal. Waldhauser opened the public hearing. Peter Pluwak, 510 Kelly Drive, said knows the owners say that Schufler's is a family restaurant but he has seen cars leave Schuller's parking lot and hit mailboxes. He said there are two group homes on Kelly Drive and a nursing home on Glenwood and that wheelchair-bound people go up and down Kelly Drive where there are no sidewalks sa he concerned about more traffic in the area and accidents happening. Cate Zottola, 7421 Glenwood Avenue, said she purchased her property in a residential neighborhood not a commercial area. She said that property values in her neighborhood have gone down and any change to the zoning of the Schuller's property will have unintended consequences. She said she talked to the City when she purchased her home and was assured that the Schuller's property was zoned residential and that it had been for many, many years and she purchased her home knowing that it would be a challenge to change the zoning on the Schuller's property. She said she understands Schuller's desire to expand however she believes that would come at a high price especially if the use were to change to an undesirable business, She said Schuller's is requesting this because they feel they are not competitive without an outdoor patio space but they knew their limitations when the purchased the property. She referred to the City's variance regulations and stated that economic considerations alone shall not constitute a hardship. She stated that an expansion of Schuller's would bring incremental noise, outdoor alcohol consumption, traffic and disruption into this generally quiet part of the City. She said the bar patrons can come and go, but this is her neighborhood and she can't go anywhere else and is stuck listening to the noise. She encouraged the Planning Commission to deny this request. John Hiebert, 7421 Glenwood Avenue, said the Mayor referred to Schulier's as an icon and he cannot�nd anywhere in the City Code where it lists Schuller's as an icon. He said Schuller's knew when they bought this property that they couldn't expand. He said he's taken a lot of time #rying to educate himself on how this process works. He stated that the Schuller's property has been designated Low Density Residential on the Generaf Land Use Plan map since 1959 and there is a reason why it's been that way. This property has been zoned Single Family Residential since the 1970s, therefore it is a non-conforming land use that is allowed to remain in its current location, but it is not allowed to expand, Minutes of the Golden Valley Pianning Commission July 9, 2012 Page 7 He said the zoning is the way it is in order to protect the residential neighborhood and he respectfully suggests that the proposal be denied. Ed Vizard, 7101 Glenwood Avenue, said he would like to see the patio constructed because it would be a good thing for the business and it should not be a big deal to put in a patio. However, changing the zoning to Commercial is a big deal. He said the concern is what will happen if Schuller's is no longer there. He said the City is dealing with a business that has been at this location for 80 years so he doesn't understand why the City can't find a way to allow a patio. He said it sounds to him like the Council is trying to open a "commercial wedge" in what is a neighborhood enclave. That is what should be considered, not the merits of a patio, but what the rezoning will do the neighborhood. Karen Reeves, 605 Pennsylvania Avenue, said she has to shut her windows and can't hear her N because of the noise from Schuller's. She has heard people at 2 am when they get in their cars and go home. She can't leave; she has to live here with the noise. She said she respects the locai business and Schuller's does a good business as is. She said the property will be worth a Iot more if it is rezoned to Commercial and she is concerned about what other type of use could go in if it were rezoned. She asked that the City not allow the patia John Gentrup, 7101 Glenwood Avenue, said he thinks the patio will go a Iong way in beautifying the peninsula and he thinks a patio would be a good idea. He said he thinks businesses in general face a lot of onerous difficulties when they try to make changes so he would be in favor of this proposal. Steve Sands, 1400 Sumter Avenue North, noted that some of the residents have said that Ray Jacob knew the property was zoned residential when he bought it, which is true, but the residents also knew that Schuller's was there when they bought their properties. He said he is not convinced that staff's and the City Attorney's opinion regarding the process to allow a patio is correct. He said there are a lot of bars in Northeast Minneapolis that have been around since the 1930s, they have patios and are within 20 feet of a residential property so they seem to have a way to deal with this type of situation in Minneapolis and they he can't figure it out in Golden Valley. He stated that Mr. Jacob is not asking for the world with this request. He said they would stop serving by 8 pm and have people off the patio by 9 pm and noted that the noise ordinance regulations don't apply until 10 pm. He said he understands the neighbor's concerns about a different use in the future however the property really has na commercial value because it is not visible from any major road and any future uses would have to be approved by the City. He said there has been some talk about installing the patio on the north side of the property but that would also require variances. Also, a patio on the north side would be a liability because of golf balls from the country club and the servers wauld have to go up and down steps on that side of the building. He reiterated that Schuller's is a community gathering place and has been an asset to the community. Waldhauser stated the she understands the difficult position Schuller's is in but the Planning Commission can't change the laws, or the process. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 8 Cate Zottola, 7421 Glenwood Avenue, stated that as a resident who lives across the street, she has observed things that Schuller's isn't policing now including people smoking and parking where they are not allowed. She said that an expansion to Schuller's would make her quality of life suffer. Kluchka asked Zottola about the traffic on Kelly Drive. Zottola said Kelly Drive has fairly heavy traffic that increases at happy hour and with motorcycles on Saturdays. Ray Jacob, stated that he has told people not to park where they are not supposed to and the only other people that park there are the police who come at lunchtime. He said he does the best he can to monitor his customers. Seeing and hearing no one else wishing to speak, Waldhauser c{osed the public hearing. McCarty said this is a difficult proposal because while it is nice to be able to sit outside, he has a hard time considering rezoning this property because of what it could become in the future. He added that if there was another way to consider allowing a patio he would. Kisch said he is also concerned about rezoning the property. However, due to the site configuration it probably couldn't handle a significantly different use. He agreed that it would be nice to allow people to sit outside and that there are ways to mitigate noise and other issues, he just doesn't feel there is a current zoning district that he would be comfortable recommending at this point, but he feels this opens up the discussion to explore a new or different zaning district. Grimes suggested that if the City Council considers different zoning language they shauld do so before they amend the General Land Use Plan Map. Kluchka asked if there has been a demand or queries from other developers for this type of neighborhood bar concept. Grimes said no. He noted that the Applebee's restaurant didn't make it and that there are other locations in the City where a bar with a patio would be allowed. The Schuller's property is just very unique. Segelbaum said it seems like Schuller's has made some effort to talk to the neighbors. He said he thinks re-designating the land use and rezoning the property opens it up to for too many other possible uses so it doesn't make sense to him to amend the General Land Use Plan Map. Cera stated that Golden Valley is not Minneapolis the two cities developed and grew completely differently. He said he doesn't feel any commercial use would work at this property because of the distance to residential property. He said there are reasons the Zoning Map and the General Land Use Plan Map are the way they are. Waldhauser said she thinks it would be good for Schuller's to invest in their property and that a patio would be an amenity to the neighborhood as long as the noise issues are resolved, but there isn't any way to construct the patio without rezoning which opens up a Pandora's Box of other issues. She agreed that this is a unique property but it would be Minutes of the Golden Valley Pianning Commission July 9, 2012 Page 9 stretching the purpose of the General Land Use Plan and the zoning designation to allow this, so she would not be in favor of recommending approval at this point. Schmidgall noted that the City will be cansidering a new Light Commercial zoning district and that this might be an appropriate location to consider that new zoning district. He said he would like to move this discussion forward by recommending approval of this proposed land use amendment. Grimes explained that the Light Commercial zoning district is being considered for the Dauglas Drive/Highway 55 area and he isn't sure that the uses being proposed for the Light Commercial zoning district would satisfy the neighbor's concerns, He stated that the Planning Commission could tell the Council that the only way the Commission is comfortable moving forward with this request is if any proposed new zoning language would be acceptable. He added that the City Council will be reviewing the proposed new Light Commercial zoning district language again before it comes back to the Planning Commission for review. McCarty said he doesn't feel that this one property is enough to justify months of discussion of a new type of zoning district that could be still be different from what is considered in other areas as well. Kluchka said he would like to better understand the implications of a new zoning district. Segelbaum said he would like to see the Planning Commission recommendation include that there be a different type of zoning option available. MOVED by Kisch, seconded by Schmidgall to recommend approval of changing the designation on the General Land Use Plan Map from Low Density Residential to Commercial-Retail for the property located at 7345 Country Club Drive (Schuller's) with the caveat that as it moves forward the Planning Commission would like to further explore additional zoning opportunities. Grimes said it seems like there is a real concern about the property being zoned Commercial as per the City Code today. So perhaps the message to the City Council is that under the status quo the Planning Commission doesn't want to see the General Land Use Plan Map changed but if the Counail gives direction to study the zoning maybe the Commission cauld come up with different zoning language. He added that he doesn't know if recommending approval of the Genera! Land Use Plan Map is sending the right message. McCarty added that he thinks the Planning Commission can still have a conversation regarding new zoning language at the direction of the City Council without approving this proposed amendment. He said approving this proposal is not to generate a discussion of different zoning districts it is to generate the possibility of a patio for Schuller's and a rezoning of the property. Kisch withdrew his motion, Schmidgall withdrew his second of the motion. MOVED by Segelbaum, seconded by Schmidgall and motion carried 5 to 2 to recommend denial of changing the designation on the General Land Use Plan Map from Low Density Residential to Commercial-Retail for the property located at 7345 Country Club Drive Minutes of the Golden Valley Pfanning Commission July 9, 2012 Page 10 (Schuller's) with the strong recommendation that the City Council directs the Pla�ning Commission to further explore the creation of different types of zoning categories that might permit this type of request. Commissioners Cera and McCarty voted no. Cera explained that he is in favor of recommending denial of this request, but he voted against it because he is against the Planning Commission looking for ways to solve SchuAer's attempt at getting an outdoor patio. McCarty said he agrees with Cera and thought the minutes wi11 refiect the Planning Commissions thoughts of the issue without having to ask the Council for direction on exploring new zoning categories. Schmidgall said he doesn't want the property to be rezoned, but he feels Segelbaum's motion is key to driving further discussion, Waldhauser said she is not optimistic that any new zoning category that will solve this property's problems. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business Planning Commission Byiaws Amendment MOVED by Cera, seconded by Kisch and motion carried unanimously to amend the Planning Commission Bylaws to make them consistent with the existing City Code. 7. Adjournment The meeting was adjourned at 9:11 pm. (iLf 1/I� David A. Cera, Secretary Regular Meeting of the City Council August 8, 2012 Page 6 ublic Hearin - Prelimina Plat A val -Savannah Estates - 6601 and 6621 icine Lake Road -Continued Cathy hauser, Planning Commission, presented the Commission report " answered questions fr the CounciL Joe Hogeboom, P ner, presented the sta report and answere uestions from the Council. The Mayor opened the mee for public in t and pe ns present to do so were afforded the opportunity to express their ' ws thereo . He ' g and seeing no one, the Mayvr closed the public hearing. MOVED by Freiberg, seconded by Pente motion carried unanimously to approve the Preliminary Plat for Savannah Estate 601 d 6621 Medicine Lake Road, subject to the following conditions: 1. The City Attorney will det ine i#a tit{e r iew is n ssary prior to approval of the final plat. 2. A park dedication f of$1,650 shall be p id before final p approval. 3. The Public Wor Department memarand m, dated July 3, 20 shall become part of this approva 4. A Subdiv' n Agreement will be drafted f review and approval by th City Council that will in de issues found in the Public Wor s Department memorandum. 4. All plicable development associated fee , including the park dedication f shall be id in full prior to approval of the Final PI . All applicable City permits shall be obtaine prior to the development of the new lot . Public Hearing - Amendment to Comarehensive Plan General Land Use Plan Map - Chanqe from Residential-Low Densitv to Commercial-Retail/Service - 7345 Countrv Club Drive (Schuller's Tavern) Cathy Waldhauser, Planning Commission, presented the Commission report and answered questions from the Council. Joe Hogeboom, Planner, presented the staff report and answered questions from the CounciL Allen Barnard and Thomas Burt answered questions from the Council The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Regular Meeting of the City Council August 8, 2012 Page 7 Public Hearina -Amendment to Comprehensive Plan Generai Land Use Plan Maa - Chanqe from Residential-Low Densitv to Commercial-Retail/Service - 7345 Country Club Drive (Schuller's Tavern) - Continued Ellen Mickelson, 6140 Glenwood Avenue, feels it is not fair to the homeowners in the neighborhood to have it rezoned as you don't know what the property would end up becoming; stated she would not like this to happen if I lived in the neighborhood or across the street, when peopie drink they get loud and the City doesn't need any more noise or development of this kind; expressed concern for increase in traffic, and suggested Schuller's spruce up their property with some inexpensive landscaping. Ed Vizard, 7120 Glenwood Avenue, stated he is not opposed to a patio as it might be a good thing for the neighborhood and business; feels the major issue is the change in zoning which will change the entire character of the neighborhood; stated they are a small compact neighborhood without about 60 neighbors attending the Night to Unite; feels that if you change the zoning it will put a wedge into the neighborhood and unknown consequences in the future; changing the zoning will make it more attractive to commercial applications; the owners say they will stay there forever but times change and things happen and you don't know if it will be a tavern or a gas station; changing the zoning is a threat to the neighborhood and suggested finding another way to get the patia in there; apparently Schuller's has not been incompliance much over the years and it may have to be done creatively; urged the Council not to change the zoning and leave it residential. John Hiebert, 7421 Glenwood Avenue, doesn't want the change in the comprehensive plan map, it has been zoned residential since 1970's and the history of the neighbarhood is residential; Schuller's has been allowed to stay as a non-conforming use and they have not had issues with them; stated the current owner bought the bar knowing the restrictions; stated they spoke to staff before they purchased their house and were told that they could not expand; feels the designation was to protect the neighborhood and to allow the bar to coexist with the homes; feels the Council should take the recommendation of the Planning Commission as they voted against the change and thought it could be considered spot zoning; the Commission was also concerned about developing a zoning category to make the business fit in, stated the City developed differently than Minneapolis; urged the Council to follow the recommendations of the Planning Cammission and deny this change in the comprehensive plan general land use map Cate Zottola, 7421 Glenwood Avenue, suggested the Council take a step back and look at the area; feels this is not just about a patio but it is a change for the neighborhood; this would change the long-standing classification for the property and it was put in place to protect the neighborhood to allow them to enjoy a local tavern; feels this change offers limited oversight to the future development as there is no other option that commercial and no zoning category in-befinreen; stated at the Planning Commission there were passionate arguments on both sides of the issue; but asked about the increase in noise; use by handicapped residents who use the streets; and increase in traffic; what happens if a pawn shop is put on the site and is cancemed for the type of element that would bring into the area; suggested the Council listen to the residents and deny the request and if things change in the future the issue can be brought up again. Regular Meeting of the City Councii August 8, 2012 Page 8 Public Hearinq -Amendment to Comprehensive Plan General Land Use Plan Maa - Chan�e from Residential-Low Densitv to Commerciai-Retail/Service - 7345 Countrv Club Drive (Schuller's Tavern) - Continued � Steve Sands, 1400 Sumter Avenue North, employee at Schulier's stated he spoke with the owner and he said he would be willing to sign a conditional use permit where it would remain Schuller's; and if he sold it to anoiher person and that person would have to abide by that or the sale would nat take place; he also stated he does not have the intention of selling the restaurant; feels it is not a hot property and he would not get a huge offer for the place; he only want to have the patio open until 9 pm; stated that times change and when it was opened no one had patio's like they do today; stated in the 1950's they should not of changed the zoning to residential and feels to deny the request so he can compete with other restaurants is not fair. Paul Jacobs, 1608 Main Street NE, Minneapolis, owners son, stated he plans to be there for a long time; he and his brother plan to stay there and build the business as best they can; thinks a patio would be a good thing for them; other restaurants within the city have one; stated in the summer their business declines because the customers go to other restaurants where they can be outdoors; stated he hopes his kids will take over some day and keep the restaurant in the family. Craig Hartman, 7055 Country Club Drive, has no issues with Schuller's having a patio but would sympathize with the people who were in earshot and sight of it; feels the major issue is the rezoning; stated he has watched this block be compressed from a large neighborhood into to a smaller residential neighborhood which is currently under siege; feels that handicapped accessible homes are knocking the home values down; they were saturated with them and now they are being turned into rental properties; homes are being defaulted and some are vacant and thinks that some may think it is a great opportunity for business owners to take advantage of having this property rezoned; stated it may be a family bar today but can see it being turned into a multi-family homes or a mini-mall; feels that covenants on properties don't usually hold up and strongty urged the Council not to vote for the change. Nancy Azzam, 2300 Noble Avenue North, stated she is a regular lunch customer and feels it is a great amenity for the city to be able to go to a business and be greeted by staff that remember you by name and see the family run business; stated she would hate to see the family driven out of business. The Council took no action on the motion to deny an Amendment to the General Land Use Plan Map - Re-designating 7345 Country Club Drive (Schuller's Tavern) from "Residential- Low Density" to "Commercial-RetaillService." � � .�, �l� !� �,! ';�' Planning Department 763-593-8095/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting May 14, 2013 Agenda Item 5. Proposed City Code Amendment -Section 10.23 - Recreational Fires Prepared By Caleb Hausman, Student Volunteer Summary Currently, Golden Valley's City Code contains multiple areas of unclear language pertaining to recreational fires in Section 10.23. We are looking to rectify this issue along with citizens' concerns about recreational fires through the amendment of Section 10.23 of the City Code. Recreational fires are defined in Section 10.23, Subdivision 1(E) as, "An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 3 feet or less in height." This section of the City Code then goes on to describe the regulations surrounding recreational fires. These portions of the code regulate matters of permits, monitoring of a fire, materials allowed to be burned in a fire, placement of a fire, permissible wind speeds for starting a fire, size of a fire, extinguishing of a fire, and compliance with other government entities when dealing with a fire. First, the City Code makes no explicit reference to portable outdoor fireplaces, even though these pose many of the same concerns to resident safety as permanent fire pits. These are devices such as chimereas and other non-permanent containers for recreational fires. While the code does well in outlining most of the City's regulations and rules about recreational fires,there are instances where the language in sections of the code is notably vague, especially when compared to that of other local cities. For example, when discussing the distance a recreational fire must be from flammable buildings and items, Golden Valley's code, in Subdivision 4 (F), says that the fire must be a "safe distance" away. The State of Minnesota, on the other hand, has a firmer restriction in place in its Fire Code. The Minnesota State Fire Code, which serves as the basic fire code for the whole state (with tighter regulations possible for any individual city) mandates a distance of, "25 feet from all buildings or combustible materials," in Section 1.1, Subsection 1. Third, the City Code makes no mention of the environmental effects of recreational fires, but we have deemed this a valuable addition. The League of Minnesota Cities has compiled an example ordinance with language that directly pertains to this subject. This ordinance states that, "No recreational fire...will be permitted when...the MPCA has declared an air quality alert." The air quality alerts referenced in this passage are notifications given out by the Minnesota Pollution Control Agency on days when the air quality is deemed notably unhealthy. Fourth, the Golden Valley Fire Code currently does not have any regulations in place about the time of day that recreational fires are allowed. However, other local cities do choose to regulate this aspect of recreational fires. In the City of Crystal, for example, no recreational fires are allowed after 11 pm, as is stated in Section 905.27, Subdivision 2, Subsection G of Crystal's City Code. Considering all factors, though, it has been determined that it is best to leave the code as it is in this regard since it would subject residents to more regulatian than necessary for their safety, which is the main concern of these proposed amendments. This proposal is to amend the Golden Valley City Code, Section 10.23, Subdivision 1(C), which defines an approved outdoor fireplace,to state, "This also includes portable fireplaces, such as chimeneas, that are within the above size requirements." The next amendment would be to Subdivision 4, to match the Minnesota State Fire Code for the matter of location of the fire in relation to flammable substances. This would alter the language of Subdivision F from, "Recreational fires shall remain a safe distance..." to "Recreational fires shall remain 25 feet from any combustible liquids or structure constructed of combustible materials." Also proposed is an addition of a Subsection K in Subdivision 4. Subsection K would state that, "Recreational fires shall not be permitted if the Minnesota Pollution Control Agency has declared an Air Quality Alert." Staff seeks direction from the Council to move forward with amending Section 10.23 of the Golden Valley City Code, based on the following: 1. Adaptation for All Technologies: Currently, the City Code makes no mention of portable fireplaces, even though they are widely used. This clear addition to the City Code to include these mechanisms in recreational fire regulation makes sure that as many types of recreational fires are covered explicitly by the Code as possible. 2. Direct Compliance with Minnesota State Fire Code:The Minnesota State Fire Code applies to the entire State of Minnesota, so logically it makes sense to adapt our City Code to more clearly articulate to residents the requirements already in place from the state government. • 3. Vague Language: On the issue of placement of a recreational fire,the language about regulation in the City Code is not concrete, making it difficult for residents to make informed decisions about recreational fire safety. This unclear language also makes it difficult for the Fire Department to enforce the ordinances currently in place. 4. Incorporation of Environmental Concerns: Wood smoke is known to have many negative environmental effects as well as many detriments to human health, especially respiratory health. The addition of Subsection K to the City Code works to ensure that when air quality is already known to be low, recreational fires do not add to the existing environmental problem. Attachments • Underlined/Overscored Version Section 10.23: Fire Protection (3 pages) • Memo from Caleb Hausman dated March 5, 2013 (2 pages) § 10.23 Section 10.23: Fire Protection Subdivision 1. Definitions A. Open burning: A fire burning in matter, whether concentrated or dispersed, which is not contained within a fully enclosed fire box, structure or vehicle, and from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney. B. Wood: Dry, clean fuel only such as twigs, branches, limbs, synthetic logs designed for burning, charcoal, cordwood, or untreated dimensional lumber. Wood does not include wood that is green, with leaves or needles, ratten, wet, oil soaked, or treated with paint, glue, or preservatives. C. Approved Outdoor Fireplace: An at or below grade area not exceeding 7.5 square feet with a perimeter not exceeding 10 feet. The outside edge shall be ringed with brick, rock, or other non-combustible material to prevent fire spread. This includes manufactured fireplaces meeting the above & dimensions. This also includes portable fir�laces, such as chimeneas, that are within the above size reguirements. D. Responsible Person: A person over the age of 18 who is knowledgeable in use of fire extinguishing equipment, including shovels, garden hoses, or fire extinguishers with a minimum 4-A rating. E. Recreational Fire: An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 3 feet or less in height. F. Recreational Fire Permit: A permit, issued by the City Manager or designee, for the purpose of starting a Recreational Fire. G. Structure: Is that which is built or constructed, an edifice ar building of any kind. Subdivision 2. Open Burning Prohibited A. No open burning shall be permitted within the municipal boundary of the City, except as specifically provided in this Section. B, Exemption to conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Golden Valley City Code Page 1 of 3 § 10.23 Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. Subdivision 3. Construction Projects Open burning is not allowed for the purpose of thawing frozen ground or for maintaining interior structure temperature in connection with construction projects. Subdivision 4. Recreational Fires A Recreational Fire Permit, provided by the City Manager or designee, shall be required prior to starting any Recreational Fire. Recreational Fire Permits shall be valid for a period of one calendar year and shall expire yearly on December 31. Such fires shall adhere to the following regulations at all times: A. Recreational Fires shall be constantly attended by a Responsible Person until extinguished. During the time a Recreational Fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. B. Recreational fires shall not be used for the disposal of yard waste, construction materials, or common household trash. Fuel for recreational fires shall only be that of clean wood. C. All recreatiQnal fires shall remain within an Approved Outdoor Fireplace. D. No recreational fire shall be allowed if wind speeds exceed ten (10) miles per hour. E. Flames from a recreational fire shall not exceed 3 feet in height as measured from the base of the fire. F. Recreational fires shall remain � ��'� �'�� 25 feet from any flammable liquids or structure constructed of combustible materials. G. A garden hose or other adequate means of extinguishment shall be available for emergency purposes. H. When prohibited by action of any state or federal agency, recreational fires shall not be permitted. I. At the discretion of the City Manager or designee, any recreational fire not adhering to the above regulations, or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be in violation of this Section. J. Recreational Fire Permits shall only be issued to Responsible Persons. Golden Valley City Code Page 2 of 3 § 10.23 � K. Recreational fires shall r�ot be permitted if the Minnesota Pollution Control Aa_encv has declared an Air Quality Alert. Subdivision 5. Other Exemptions A. Fires under managed supervision for which a burning permit has been obtained from the City Manager or designee and, where required by state law, from the Department of Natural Resources, but limited to the following: 1. Fires purposely set for the instruction and training of public and industrial firefighting personnel; 2. Fires set for the elimination of a structure/fire hazard which cannot be abated by any other practicable means; and 3. Fires purposely set for forest, game, or grassland management purposes. Subdivision 6. Revocation Violation of any provisions of this Section shall result in the revocation of any Recreational Fire Permits for a period of one year. Source: Ordinance No. 327, 2nd Series Effective Date: 5-20-05 Golden Valley City Code Page 3 of 3 �� ,� �, Planning Departmenfi 763-593-8095/763-593-8109(fax) Date: March 5, 2013 To: Thomas Burt, City Manager From: Caleb Hausman, Student Volunteer Subject: Recreational Fire Information � ��:��:�.� ��,�. � ��a � �� Background Recreational fires are defined in City Code, Section 10.23, as, "An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 3 feet or less in height."This section of the City Code then goes on to describe the regulations surrounding recreational fires. These portions of the code regulate matters such as permits, location, and other safety precautions. While City Code does well in outlining most of the City's regulations and rules about recreational fires, there are instances where the language in sections of the Code is notably vague, especially when compared to that of other local cities. For example, when discussing the distance a recreational fire must be from flammable buildings and items, City Code Section 10.23(4)(E) says that the fire must be a "safe distance" away. Other cities, such as Robbinsdale and Crystal, as well as the State of Minnesota have firmer restrictions in place. Robbinsdale's distance from these dangers is 5 feet, Crystal's code mandates a 15 foot distance, and the State of Minnesota mandates a 25 foot distance. Another instance of vague language in the City Code pertains to the accessibility of supplies needed to extinguish a fire. Section 10.23(4)(G) of City Code states that, "A garden hose or other adequate means of extinguishment shall be available for emergency purposes." This language is unclear when compared to that of other cities on this matter. The City of Crystal, for example, incudes the provision in their fire-related code that there must be supplies to extinguish the fire within 15 feet of the fire. This proposal is to amend City Code, Section 10.23, Subd. 4 to match Crystal's code for the two matters of location of the fire and of extinguishing the fire. This would alter the language of Subd. (F) from, "Recreational fires shall remain a safe distance..." to "Recreational fires shall remain 15 feet..." The second proposed change would be to alter the language of Subd. (G) from, "A garden hose or other adequate means of extinguishment shall be available..." to "A garden hose or other adequate means of extinguishment shall be within 15 feet of the fire..." Justification for Amending Section 10.23 of the Golden Valley City Code The goal of this proposal is to make the language relating to recreatianal fires in Section 10.23 of the City Code clearer. Currently, the language appears vague in certain places, and therefore, it is likely that these ambiguous portions are difficult for the City to enforce. These changes will make enforcement of this section of the City Code easier, which will in turn, make it more effective as policy. Having more concrete regulations will also make it easier for residents to manage fires more safely, since they will be able to know exactly what is needed in order to maintain safety. These specific changes are propased for two reasons. One, in relation to the location of the fire, Crystal's regulations were a moderate option between the extremes of Robbinsdale on the more restrictive end and the State of Minnesota on the less restrictive end. Second, the city of Crystal is very similar to the City of Golden Valley in important ways, such as population (difference of only 1,808 residents between the two cities) and their location in terms of the larger metropolitan area (both are first-ring suburbs of the City of Minneapolis.) Amending City Code is subject to the approval of the City Council, as outlined specifically in Section 2.12 of the City Code. Recommendation Staff recommends approval of the proposed amendments to Section 10.23 of the City Code, based on the following research: 1. City of Golden Valley City Code: Section 10.23 2. City of Robbinsdale City Code: Section 910.47 3. City of Crystal City Code: Section 9 4. City of Edina City Code: Section 307.2 5. City of Columbia Heights City Code: Section 8.402 6. City of Roseville City Code: Section 404.02 7. West-Metro Fire Rescue District Code: Recreational Burning Rules/Guidelines 8. State of Minnesota Fire Code: Section 1.1 Cl��' t7� �� Fire Department 763-593-8079!753-593-8098(fax) Executive Summary Galden Valley Council/Manager Meeting May 14, 2013 Agenda Item 6. Proposed City Code Amendment-Section 10.40- Location of Containers - Residential Zoning Districts Prepared By Mark Kuhnly, Chief of Fire and Inspections Dave Gustafson, Fire/Property Maintenance Specialist Summary Staff is receiving an increase in the number of complaints about trash, recycling and yard waste containers that are being left out in view of the public. Currently City Code Section 10.40, Subdivision 5 states: Containers shall be stored no more than three (3)feet from the primary or accessory structure and shall at all times be locared behind the front of the primary structure. In some cases, there is some confusion as to exactly where the front of the primary structure is located in conjunction with the street and residents are interpreting the code in several ways. In order to better clarify this, we are proposing the following language change to the ordinance: Subdivision 5. Location of Containers- Residentail Zoning Districts Containers shall be stored no more than three (3)feet from the primary or accessory structure and shall at all times be located �*��^��out of view of the public right-of-way. Containers may be placed at the curb from 5 pm the day prior to collection to 9 pm the day of collection. By amending this portion of the Residential Property Maintenance Code, the containers can be placed inside of the garage or left outside next to the primary structure as long as they are screened from view of the public right-of-way. This would also facilitate those properties where it is not feasible to store the containers outside due to the topography of the land. Attachments Council/Manager Meeting minutes dated June 12, 2012 (1 page) City Cade Section 7.02: Definitions, Subdivision 2(II) Public Right-of-Way(1 page) City of Brooklyn Park Ordinance for comparison (1 page) Photos (4 pages) Council/Manager Meeting Minutes June 12, 2012 — Page 2 The Council discussed their concerns over what other types of uses/businesses cauld operate at this location if the property was rezoned Commercial. They also discussed the possibility of rezoning the property to the proposed new Light Commercial zoning district once that district has been established. After discussion, the Council consensus was to allow Schuller's to move forward with the proposal to re-designate the property to Commercial on the General Land Use Plan Map amendment since both the Commercial zoning designation and the proposed new Light Commercial zoning designation would be allowed in the Commercial category on the General Land Use Plan Map. Quasi judicial Proceedings Allen Barnard reviewed the definition of quasi judicial proceedings and stressed the importance of fair, open and impartial hearings. He explained that in order to be fair, open and impartial, decision makers should limit ex-parte contacts. Also, information cannot be received in private but must be obtained in an open forum where both parties to the matter have the information available and are in a position to respond to it. The Council questioned the type of conversations that would need to be disclosed and how they should disclose them. Barnard suggested that the Council consider adopting a policy regarding these matters. Proposed City Code Amendments — Residential Property Maintenance �� Josh Kunde was in attendance to review the current Residential Property Maintenance ` �`' program. He gave a presentation to the Council and discussed the number of complaints received each year, the process used to handle complaints and the differences between citations and violations. He also reviewed the rental licensing program and discussed some of the code changes he is recommending regarding residential property maintenance. The Council discussed enforcement issues, the amount of time it takes to get some complaints resolved and the language in the ordinance regarding the location and screening of garbage cans. Kunde discussed the timeline involved in following the legal requirements when a violation or citation is issued. He also explained that enforcing the garbage can requirements is difficult because trash is picked up every day of the week. Also, some residents can't fit the garbage cans in their garage or the topography makes it difficult to store garbage cans on the side of their house. After discussion, the consensus was to better define the language regarding the allowed location of garbage can storage, have the City Attorney review the ordinances, and bring them back to a future Council/Manager meeting. Emergency Management Plan Steve Baker was in attendance to review the City's Emergency Management Plan including the emergency operations center and the emergency operations plan. He explained the goals of the emergency management plan and discussed when the emergency operations center is activated, its role, its priorities, and how it works. § 7.02 DD. Probation: means the status of a person that has not complied with the conditions of this Chapter. EE. Probationary Period: means one (1) year from the date that a person has been notified in writing by the City that they have been put on probation. FF. Registrant: means any person who 1) has or seeks to have its permanent facilities located in any right-of-way, or 2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its permanent facilities or equipment in the right-of-way. GG. Restore or Restoration: means the process by which a disturbed right-of- way and surrounding area, including pavement and foundation; and vegetation is returned to the same condition and life expectancy that existed before the commencement of the work. HH. Restoration Cost: means an amount of money paid to the City by a permittee to achieve the level of restoration according to the requirements of the City of Golden Valley. II. Public Right-of-Way: means the area on, below, or above any reai property in which the City has an interest including, but not limited to a ;� ,�` public roadway, street, cartway, highway, bicycle lane, public sidewalk, + k�'' public park, or other public property place, area, or real property in which the � City has an interest, including other dedicated rights-of-way for travel purposes and easements of the City. A right-of-way does not incfude the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. J7. Right-of-way Permit: means the permit for excavation or obstruction, or both, depending on the context, required by this Chapter, that must be obtained before work in the right-of-way may begin. A right-of-way permit allows the holder to excavate or obstruct that part of the right-of-way described in the permit. KK. Right-of-Way Permit Fee: means money paid to the City by the applicant to cover the costs in provided in this Chapter and as established annually by the City Council. LL. Right-of-Way User: means 1) a telecommunications right-of-way User as defined by Minnesota Statutes Section 237.162, Subd. 4; or 2) a Person owning or controlling a Facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way; or 3) any other person occupying the right-of-way. Golden Valley City Code Page 4 of 5 GARSAGE & RECYCLING RESIllENTTAL NEIGHBORHOODS _� �:.. ` � �. �:'s BROOKLYN '• :. , . . ., . � . _.. �' .. PAR� The city receives numerous calls a year regarding ColleCtion Practices garbage and recycling issues.The following ! Waste and recycling containers may be placed out ordinance requirernents ai•e designed to maintain far pickup afte►• 3:00 pm on the day prior to the pleasant appearance of�ur residential scheduled pick-up. Waste containers must be neighborhoods,as well as keep them clean and safe, returned ta an appraved storage loca.tion on the same day of collection. Garba�g and Refuse Service The disposa.l of garbage and refuse by a ficensed Garbage/RecvC, ling Cgntainer Stora�e collector is rec�uired weekly at a!I residential Waste containers musC be stored out of view from ` properties, (City Ord.Ch.98) front and adjacent side streets and from the front j yards of�djacent properties. T�ensure that Pr��ollection Practices containers comply with these requirements,store All garbage and trash must be placed in durable the containers insid.e a garage or shed or within a containers. Garbage containers must be made of screened enctosure. An approved screened ! materials that are rodent praof,fire resistant, enclosure is constructed with wood,plastic waterproof and is equipped with suitable han.dles fencing material or lattice with less than ane inch and tight-fitting covers. (City Ord. Ch.98.14} The holes and is located liehind the front plane of the cpntainers r�ust also prevent insects, rodents,b3rds, house. Shru.bs, trees,or bushes are not a animals,and other pests from getting into the waste �ermitted type af screening. to breed or scatter trash. 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' , 1. +,'r� � y �s � � J�`` ' l � '�y.. �...�� ^ ,�, i y�', yj.�.. � �, �ff ., .��•d�}��' � � • � �� '�`* � �" 't'�'fu" '�,.��P �g,� p` ' , .d�i� r7' �`. � i�� S . . a. �� e n�T',r� .•�iTfR'lfM�./�J*r 1 �'� � i '6. "� , .,�. / , . f t� �r. �.�� _ Planning Department 7S3-S93-80951763-593-8109(fax) ��u _ ��.��:�r��'-��m, ��.�. . . Executive Summary Golden Valley Council/Manager Meeting May 14, 2013 Agenda Item 7. Bottineau Transitway Station Area Planning Prepared By Joe Hogeboom, City Planner Summary "Station Area Planning" is a term that is used to define planning efforts of a transit station and the surrounding land uses. Station Area Planning includes conceptual plans for the stations themselves, such as on-site parking considerations, trail and pedestrian access and other aesthetics. It also includes planning for transit and pedestrian connections to the station, and planning long term land use for adjacent areas. Hennepin County has indicated that it will begin station area planning efforts for the southern third of the Bottineau Transitway LRT this summer. This section includes station areas in Minneapolis, Golden Valley and Robbinsdale. Hennepin County would like to collaborate with the City of Golden Valley for station planning at two potential station sites located at Golden Valley Road and the Plymouth Avenue. Staff recommends partnering with Hennepin County to conduct a comprehensive Station Area Planning effort. A Steering Committee, which could be comprised of Council Members, Planning Commissioners, Open Space and Recreation Commissioners, Environmental Commissioners as well as City and County staff, could help to refine goals and objectives for the station area planning process. The Steering Committee could also direct planning activities. Staff has identified the following preliminary goals for the study: 1. Identify all impacts of the Bottineau Transitway LRT on roads, sidewalks and trails. 2. Identify effects on the existing transit system in northeastern Golden Valley. 3. Identify station parking issues, availability and opportunities. 4. Meet with key property owners and other stakeholders near both proposed station lacations to understand long-term plans for the area. 5. Identify impacts to natural resources and plans for mitigation of the impacts. 6. Establish long-term land use goals for areas adjacent to both of the proposed station locations. 7. Develop a Communication Plan to Golden Valley property owners. 8. Meet with residents living near the Bottineau Transitway LRT corridor and identify issues and concerns. 9. Develop conceptual site design options for the proposed station locations and surrounding areas. Station Area Planning would take approximately six months to one year to complete. The end product would be a document that gives goals and objectives for land use and transportation near the proposed station locations. It would also include conceptual plans for the station itself and surrounding infrastructure. The Station Area Plan would likely be incorporated into the City's Comprehensive Plan. The General Land Use Plan Map could also be amended to reflect recommendations from the study. A valuable resource that helps to better understand Station Area Planning activities is the Southwest Transitway LRT's website (http:Jlwwuv.southwesttransitwav.orgJstation-area- �(anni�.html). Station Area Planning occurred for the Southwest LRT in 2009 and 2010. Attached is a presentation highlighting Statian Area Planning that was given in the City of Minnetonka in 2009. It discusses the processes that were used to coordinate Station Area Planning for the Southwest LRT. Staff seeks direction from the City Council in allowing a Station Area Planning Steering Committee to be formed and officially beginning the Station Area Planning process. 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