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06-563Council File # � Green Sheet # 3031040 CITY Presented by RESOLUTION � MINNESOTA �oZ WHEREAS, the Legislative Hearing Officer recommends that a request for a(ID # 20060000833) Parking Ramp License (Change of ownership only) for LTF Real Estate Company Inc., doing business as Lifetime Fitness of Highland Park at 2145 Ford Pazkway, be approved with the following conditions: 1. Lighting on the north side of the parking structure and on the cell phone structure shall be maintained by the licensee. The licensee will screen the lighting and direct it to minimize light pollution into the neighboring properties. 2. Security shall be provided in the ramp from l Opm - 6am. 3. The ramp will be open on Sunday, and signage shall accurately indicate hours of operation. 4. Licensee will not push snow off of the ramp. Snow will be hauled away or piled for melting. 5. The licensee will maintain a stop sign at the ramp exit. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav � Bosuom ,/ Harris ,i Helgen � Lantry � Montgomery v Thune ` � / Adopted by Council: Date Adoption Certified by Counci] Secretary BY� // /lilli � �KSB�/ Approved by � te � — S �� By: Requested by Deparnnent o£ � Form Approved by Ciry Attorney � Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � t�� - �(03 co ���;� Contact Person & Phone: Marcia Mcemiond 6857 Must Be on Council qgenda by (Date): Contract7ype: RE-RESOLUTtON Dafe Initiated: ,�.u,� Green Sheet NO: 3031040 � ' Assign Number For Routing Order Total # of Signature Pages _(Clip All LocaGons for Signature) SentToPerson InitiallDate 0 IC000c� I I 1 o nc� a entDirect r 2 Attoro 3 a r•s O ce M r Assisixnt 4 un ' 5 ' Clerk ' Clerk Approve license applicaGon (ID #20060000833) Pazking Ramp License (Change of ownership only) for LFT Real Estate Company Inc., doing business as Lifetime Fitness of Highland Pazk at 2145 Ford Pazkway. itlations: Appro�e (A) or R Planning Commission CIB Commit�ee Ciwl Senice Commission t Has Ihis persoNfion e�er woiAced under a conYract for this department? Yes No 2. Has this persoNfirtn eeer been a city employee? Yes No 3. Dces this personlfirtn {wssess a skill not nomially possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Inkiating Problem, Issues, Opportunity (Who, Wha; When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Council Research ,,�115 2006 CosURevenue Budgeted: Activity Number: June 15, 2006 9:59 AM Page 1 v� 563 MINUTES OF THE LICENSE HEARING Liferime Fitness Club and Pazking Ramp 2123 Ford Pazkway and 2145 Ford Pazkway Tuesday, May 23, 2006, 130 & 2:00 p.m. 330 City Hall, 15 Keilogg Boulevazd Mazcia Moermond, Legislarive Hearing Officer The hearing was called to order at 1:44 p.m. Staff Present: Chrisfine Rozek, License, Inspections and Environmental Protection (LIEP); Jean Birkholz, Council Research. Others Present: Robert Spangenberg, Henry Waldenberger, Tracy Bibelnicks, Felix McGovern, Terre Cavanaugh, neighbors; and Eric Buss, Lifetime Fitness. Ms. Moermond stated that this license application is for two Class "N" licenses. The "N" stands for notification, which means that these licenses require that the neighbors close to that site get a notification in the mail and they have a chance to raise concerns about the license. The out come of this heazing could be one of three things: 1) she could recommend to the City Council that they grant these licenses without conditions; 2) recommend to the City Council that they grant these licenses with agreed upon conditions; or 3) recommend that they refer this matter to an Administrative Law Judge. Ms. Moermond noted that both licenses will be dealt with together today. Christine Rozek, LIEP, provided a staff report. At this time, LIEP is recommending approval of the pazking ramp license with no conditions at 2145 Ford Parkway. The health and sports club license was previously issued with a condition that stated: the license holder agrees to provide two (2) hours of free ramp parking for all patrons of the Lifetime Fimess Center. LIEP is recommending that condition remain. Both applications have met all of the inspectional requirements and the Office of License, Inspection and Environmental Protection is recommending approval. Ms. Moermond asked staff why the current conditions on the ramp license are not being recommended for the new license. Ms. Rozek responded that one of the oid conditions states that They need to install a stop sign by May 1. It doesn't say what year, and presumably, there is already a stop sign installed there. So, that condition can be removed. The other condition is about pushing snow off the ramp, and Ms. Rozek would like to discuss that today. Ms. Moermond asked staff if they had a copy of Resolution 04-432 (her file had only the second resolution of two (2)). Mr. Eric Buss, Lifetime Fitness, noted that there will be no change in business plans for Lifetime Fitness. Lifetime Fitness is now the owner of the building because it was the cheapest and best way for them to operate their facility within that building. They are committed to being part of the community and neighborhood. They have been there for about eight (8) years. They do not want to cause problems for their neighbors, but continue to be a good neighbor to the Highland Park community. Ms. Moermond asked if they have a company thaYs going to be managing the pazking ramp for them. Mr. Buss answered that they will continue to utilize Imperial Parking. Imperial has managed the G� -5�3 parking ramp for the past five (5) years. Ms. Moermond asked if he has spoken with either the previous owner or Imperial Parking about the conditions that are on the license and what they resulted from. Mr. Buss responded that he has, and Lifetime is willing to continue to live by the obligation to provide free parking to the members of their club. They have been providing three (3) hours of free pazking to the members of their club for the last several months. Mr. Bob Spangenberg, 2130 Pinehurst Avenue, provided testimony. He lives direcfly behind the building. He is one (1) of the five (5) property owners who is included in the "restrictive covenanY', which it altached to that property forever. He also sent a letter to express his concerns. He thanked Ms. Moermond for the opportunity to have a hearing to heaz from a broader representation. Pazking was one of the main concerns of the "restrictive covenant", so that their street would not become a parking lot for the building. Things fell apart. The original developer defaulted on the loan. The second developer, Brad Hoyt, decided he needed to charge a little for parking so that he could provide security. He was told by the City that he had to negotiate with the neighbors who were part of that "restrictive covenant." The neighbors invited him into their homes to negotiate. They thought they had a binding verbal agreement. After that, the City Council removed the free pazking restriction. Mr. Hoyt decided that he had what he wanted and said that he would not sign an agreement with the neighbors. Everything went down hill from there. Mr. Spangenberg stated that after talking a bit with Mr. Buss, he is very hopeful that a more favorable relationship can be developed between the club and the community. Mr. Spangenberg went on to discuss his concerns. The biggest concern is parking; it affects neighbors on Finn Street and even over on Highland Parkway. He asked staff if they had a copy of the history of the police calls to the club and the ramp. There are many security issues. Staff replied that they did not haue a copy but could get one. Vandalism and graffiti occur frequently. Mr. Spangenberg brought in a bag full of rocks that have been thrown at his house during the past couple of years. He found one of his resin chairs shattered with a big rock lying next to the mess. Kids go on top of the ramp and building to throw rocks and other items, have parties, build fires, etc. He said that the kids should not have access to the top of the ramp/building. Mr. Hoyt had said that he would provide security and video cameras would be installed. Mr. Spangenberg said that he was told that the video camera that was in the alley was actualiy a"dummy." Most of the neighbors who live behind the building have experienced rocks being thrown into their yazd. He provided staff with a letter from a new neighbor, Tim Hanson, who is concerned about having his baby out in the yard and rocks being thrown. Tim lives directly behind the building. Mr. Spangenberg also submitted a letter from his neaghbors on the corner, Kris and Bill Aerts. They have young children who also play in their yard. Mr. Spangenberg stated that Mr. Buss sounds as though he is agreeable to addressing the neighbors' concerns to aileviate the negative impact that they feel, and he finds that very encouraging. Also, another problem is that there is a sign in the parking ramp that says they aze closed on Sundays; and their hourly charges were increased 1200% - 1600% from their original $0.25 per hour that Brad Hoyt said he needed to provide security. The parking ramp should not be closed on Sunday. IYs a family day when neighbors need parking for their guests. He's hoping the new owner will remove that restriction. Mr. Spangenberg introduced a petition (1994) that includes signatures from fifty-seven (57) families who expressed concern about removing that free parking restriction. He introduced an article from the Highland Villager in which Brad Hoyt is quoted: "A nominal fee must be charged in order to cover the costs of ramp maintenance and security." Marv Bunneli, City staff person for the BZA, stated: "A parking fee also would help pay for ramp secarity." Mr. Spangenberg believes that there has not been ramp security. He also introduced a copy of the verbal agreement between Brad Hoyt and the neighbors in which speed bumps were listed to help alleviate traffic problems. The speed bumps that were put in are about 1'h inch high; a laughable cure. They were also to improve the appearance of the back of the d� 56.� building with landscaping and paint. Adequate parking was also to be made available; employees were supposed to be required to pazk in the ramp. Brad also agreed to pay for pazking permits if residential pernut pazking ever became necessary. In the past, Lifetime Fitness has not been a good neighbor. They re-nigged on the 2-hour parking requirement, and they made people pay for the whole pazking time if they went over 2 hours by one (1) minute. Also, personnel at Lifetime were suggesting that their patrons could park over on Pinehurst. The neighbors have had a very negative experience with that building, with the building owner and with the previous owners of Lifetime. Ms. Moermond clarified by saying that Brad Hoyt was the acquiring owner in 1994, and he owned it until October, 2005. Ms. Rozek stated that the free pazking of the restrictive covenant was removed by the City Council. It still requires that The exterior of the building and parking ramp sha11 be properly painted and vines planted on the side. Lighting shall be installed and maintained on the north side of the parking ramp. Mr. Spangenberg added that no trucks were to load or unload snow---and maintenance of the alley is supposed to be the responsibility of the property owner. The maintenance and snow removal of the strip of Finn Avenue that was sectioned off is also the responsibility of the property owner. He asked Mr. Buss if he had been familiaz with the restrictive covenant when he purchased the property. Mr. Buss responded that he had been. Ms. Moermond stated that it looks as though the restrictive covenant was a condition upon which variances and the site plan approval were granted by the City Councii. Felix McGovern, 2146 Pinehurst Avenue, provided testimony. He said that he is in favor of Lifetime providing three (3) hours of free pazking. Currentiy, there is two (2) hours free parking on the street on Pinehurst. He thinks that the extra hour in the pazking ramp maybe a nice incentive to take those people off the street who are inclined to park on the street. Obviously, if there is not enough time granted for free parking in the ramp, people will choose the street. He re-listed the main concerns of the neighbors: security in the alley, the graffiti, the rock throwing, snow removal, speed bumps in the a11ey and lighting in the alley. There is lighting attached to the building; it may not be enough, but it helps. Ms. Rozek added that within the last three (3) or four (4) years, restrictions on site plan approvals are usually applied as license conditions. In the `80s that was not done. Henry Waldenberger, 2115 Pinehurst Avenue (kiddie-corner from the pazking ramp), provided testimony. He is hoping that Mr. Buss wili be a much better neighbor than Brad Hoyt. He feels that a 3- hour pazking rule will be an improvement but he thinks that it needs to be part of the formal granting of his permit to operate the parking ramp and business. The neighbors have been severely disappointed in the past; even when requirements were formal and in place, they seemed to magically disappear af[er a few yeazs. He finds that very disappointing in City government. The pazking is a major concern. The community has lost several neighbors and it has had two (2) assaults as a result of the parking. IYs a quality of life issue, and any one thing may seem to someone on the outside looking in, as a pretty tiny thing, but a number of tiny things add up to a pretty lazge annoyance. Tt's a very unsafe neighborhood, so everyone has to arm their car alanns. Beginning at about 6 a.m., car alarms aze going off, from a small beep, beep to a very loud Suburban horn. 06-51� 3 Mr. Waldenberg noted that the lighting in the aliey was implemented at its least expensive possible level (NSP pole lamps). There aze outlets on the building for non-intrusive security lighting that have never been used. He hopes that Mr. Buss improves this on the back of the building. Addirional security lighting was added in the ramp after the building was built. It is extraordinarily annoying; it points directly at his house. Headlights from every caz that exits the pazking ramp shine across his dining room window, front entry window and then his living room window. He has planted some trees to help but trees take a long time to grow. Glaze Guards wouid be a relatively simple fix. Mr. Waldenberg is hoping that these fairly minor changes can be made which will change the neighbors' attitude toward the building and in the building itself. Ms. Moermond asked if all the pazking problems could be attributed to Lifetime Fitness patrons. One of the neighbors responded that approximately 80 percent could be attributed to Lifetime Fitness patrons. Tracy Bibelnicks, 2127 Pinehurst Avenue, provided testimony. She lives on the north side of the street; her property does not back up to the Lifetime Fitness Ramp. When she moved into the neighborhood, her three (3) children were 3, 5 and 7. Even though she dutifuily bought and displayed appropriately the pazking permit and guest permits, there were many, many times when she would pick up her children after work, that she couldn't get even reasonably close to her house. Getting her three (3) children out of the car was nat only difficult, but was also not safe. The speed limit is not adhered to; the people are in a huny to park, get in and get out again. The problem was highlighted for her when her oldest son, now eleven, wrote a position paper for a school project on the problem of parking, etc., in front of their house. She thinks that the 3-hour free parking in the ramp would help but not be effective because it's matter of convenience for most people who park on that street. There is no incentive for members to park in the ramp. It would really help if Lifetime would encourage their members to park in the ramp. It would be helpful if the City said that cars had a 1-hour limit of parking on the street. Terre Cavanaugh, 2134 Pinehurst Avenue, provided testimony. She met a Lifetime Fitness employee named Eric last winter in the alley with the snow and the plow. The snow was plowed in front of the neighbars' garages, so that no snow was abutting the building. This Eric stood with his arms crossed over his chest saying that "it says `to plow the snow away from the building,' so we're not doing anything wrong." Ms. Cavanaugh asked him if it says "to plow it in front of the neighbors' garages?" Eric then seemed to see "the light" and he asked the snow plow driver to remove the snow from in front of the garages. Ms. Cavanaugh has not bought a parking permit. She is not sure that it would help her. Her main concern is how fast people drive in the a11ey. She doesn't think there's a speed limit. The speed bumps are almost non-existent. She noted that rocks and balls aze often thrown into her yazd. To her it appears that throwing things is a game to the kids. She is hoping that a win-win situation can be accomplished between Liftime and the neighbors. Ms. Cavanaugh added that the alley is slanted downward, away from the Lifetime Fitness building. Consequently, a lot of what happens is right in the middle of the ailey, which is right in front of her garage, i.e., water, snow, eta The pot holes are huge and she thinks they should be fixed. Mr. Spangenberg called Ms. Moermond's attention to the Highland Area Community Council document which sites The prospective owner, Brad Hoyt, has agreed to: L'! c� 5�3 1. Re-pave the alley between Pinehurst Avenue and Ford Parkway; install speed bumps. 2. Maintain the alley (remove snow, etc.). A short recess wastaken. Ms. Moermond noted that the foilowing issues would be addressed when the hearing resumed: vandalism, security issues in the alley and the ramp, speeding, trvo-way traffic in a one-way alley, snow removal, tree damage, garages, lighting and pazking on the street. Jean Birkholz was reseazching records from 1983 and 1985. The hearing resumed. License conditions for Lifetime Fitness Club Ms. Moermond stated that she would like to change the number of hours referenced from two (2) hours to three (3) hours free pazking in the ramp. It sounded as though Mr. Buss was agreeable to that. Mr. Buss responded that Lifetime is willing to do that, but he would like to condition to remain at two (2} hours. He thinks that two (2) hours is the right amount of time. He doesn't want the ramp to be used for anything other than to work out at their facility. The purpose of the ramp is to serve only the tenants. He is willing to have Lifetime's policy to be thzee (3) hours of free pazking, but that two (2) hours remain the number for the condition on the license. Ms. Moermond added that signage should be placed within Lifetime Fimess that indicates that they encourage patrons to use the ramp and expect their patrons to respect the quality of the neighborhood. Mr. Buss agreed to provide signage encouraging patron use of the ramp. Ms. Moermond stated that she is comfortable with Lifetime having the condition of two (2) hours if they state that it sha11 be their business practice to provide for three (3) hours of pazking. The neighbors suggested that the condition state 2'/� hours free parking and that the signs also read 2'/� hours of free parking. Mr. Buss agreed. Ms. Moermond stated that the second issue has to do with pay. Mr. Buss added that he is agreeable to incremental payment after the free time limit. License conditions for Lifetime Fitness Parking Ramp Ms. Moermond stated that Glare Guazds could be a condition. Mr. Buss agreed. It was decided and agreed upon that the maintenance of these lights and Glare Guards also be included. Ms. Rozek clazified the language to say that Glare Guazds must be installed and maintained. Ms. Moermond noted that she was looking for more generallanguage: screened and directed to minimize light pollution into neighboring properties, such as Glare Guard. Specific language will be crafted by staff. Ms. Moermond asked Mr. Buss if he would be willing to continue the snow removal condition on the license. He agreed. Ms. Moermond asked Mr. Buss if he would be willing to have the Stop Sign at the exit of the ramp as a condition. He agreed. Ms. Moermond added "install and maintain." Ms. Moermond asked about security. Mr. Buss noted that Lifetime Fimess provides security for the entire building including the parking ramp from 10:00 p.m. to 6:00 a.m., seven (7) days a week. The neighbors added that there is more troubie with vandalism between 6:00 p.m. and 10:00 p.m., when the kids are out. Mr. Buss interjected that his security is to provide protection to their patrons, not ���3 necessarily to the neighborhood. He felt that the police were to provide security to the neighbors. Ms. Rozek ciarified that Lifetime Fimess is responsible for the pazking structure and for the behaviors and activities that take place in the shucture whether they aze Lifetime's patrons or not because Lifetime Fitness owns the sttucture. Ms. Moermond noted that the neighbors say that the critical time for them is beriveen 6 p.m. and 10 p.m., but Mr. Buss thinks that the critical time for his patrons is between 10 p.m. and 6 a.m. To accommodate both sets of interests would mean doubling the cost of security. Ms. Moermond asked if the ramp was open on Sunday. Mr. Buss replied that the ramp is not only open on Sunday; iYs free on Sunday. The neighbors stated that the sign says "Closed on Sunday." Mr. Buss noted that the sign does not accurately reflect their practice. Video cameras will be looked into by Lifetime Fitness. Ms. Moermond noted that an outdoor camera will run between $3,000 -$6,000 to purchase and install. Records would need to be maintained and accessible to the police for fourteen (14) days. Cameras aze less expensive than maintaining security staff. Mr. Buss could not agree to cameras as a condition. He felt that the first rock would be thrown towazd the camera, and then he'd be obligated to continually purchase and install. Ms. Rozek explained that she did not have the Pazking Ramp Ordinance in front of her and her office does not enfarce it, but she believes that the Pazking Ramp Ordinance requires all ramps to provide security during those hours. Alley speeding. Ms. Moermond suggested that the City could put in a request to Public Works to have them look at the speed bumps there. Ms. Rozek stated that she believes that instaliation of proper speed bumps is really dependent on the neighbors requesting that from Public Works. Ms. Moermond will send a request to Pubiic Works along with a pot-hole request. These items can be handled without putting them on as conditions. Councilmember Harris will also be notified. Ms. Spangenberg added that the one-way alley signage should be improved so that no one uses it as a two-way. Ms. Moermond responded that she will include that in her request to Public Works. Mr. Buss invited the neighbors to a meeting next week at Lifetime Fitness where they can meet the building manager. Ms. Moermond explained that she will follow through on contacting Public Works. Staff will prepare a resolution granting this license with the conditions that were discussed. As soon as Mr. Buss signs an affidavit to the effect that he understands and is willing to abide by the conditions, these licenses will be considered by the City Council. New license applications for the same business will require a neighborhood notification. At the end of one year, a new business has its first annual review on their license. If there have been calls during the year about conditions not having been met, licensing will talk about that with the license applicant and possibly pursue an adverse action on the license. If the licensee wants a condition lifted, he needs to apply to do that. Neighbors will also be notified in that event. The hearing was adjourned at 330 p.m. (jab �