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030309 pl mn CITY OF SHOREWOOD SOUTHSHORE COMMUNITY CENTER PLANNING COMMISSION MEETING 5735 COUNTRY CLUB ROAD TUESDAY, 3 MARCH 2009 7:00 P.M. MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Schmitt; Commissioners Arnst, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Zerby Absent: Commissioners Gagne and Geng APPROVAL OF MINUTES  17 February 2009 Hutchins moved, Vilett seconded, Approving the Planning Commission Meeting Minutes of 17 February 2009 as presented. Motion passed 5/0. 1. 7:00 P.M. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT REGARDING SIGN REGULATIONS Applicant: South Tonka Little League Location: Freeman Park Chair Schmitt opened the Public Hearing at 7:00 P.M., noting the procedures utilized in a Public Hearing. He explained items acted upon this evening would be placed on a March 23, 2009, Regular City Council meeting agenda for further review and consideration. Director Nielsen stated South Tonka Little League (STLL) has requested amendments to the City’s Zoning Code that would allow it to display commercial advertising signs on the ball-field fences of the two fields in Freeman Park used by STLL for little league games. He explained the applicant’s request proposes to display as many as 15 signs on each of the two fields. He reviewed a site location map showing the location of the two fields, and photo mock-ups submitted by the applicant showing where the signs could be placed on the fences. He explained the signs would be heavy-duty banners, measuring approximately 3.5 feet high and 7 feet wide. The sign space would be sold to SLLL sponsors and the revenue would go to STLL for “scholarships” for families needing assistance with the fees and for expenses. Nielsen explained this request initially appeared before the Park Commission at its 9 December 2008 meeting, noting the Commission voted unanimously against changing the current code. The applicant decided to submit a formal application for the code amendments in late January 2009. The Park Commission discussed the formal application during its 10 February 2009 meeting, and the Commission again voted unanimously against changing the current code. He noted the Commission was sympathetic to STLL’s budget issues. He stated the Commission did agree to look at how much field maintenance is done by the City versus STLL. There appeared to be consensus that the City might be able to increase its CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 2 of 7 level of maintenance funding, freeing up STLL money for scholarships. He clarified that the Planning Commission is charged with holding public hearings on proposed Code amendments and making recommendations to the City Council. With regard to the analysis of the case, Nielsen explained changes would be required to City Code Section 1201.02 Definitions relating to signs, as well as to provisions in Section 1201.03 Subd. 11. He reviewed which provisions of Section 1201.03 Subd.11 of the City Code would have to be amended.  b.(2)(d) prohibits banners except for temporary (10 days at a time, 2 times per year) business signs.  b.(2)(f) prohibits signs on trees, fences or utility poles.  c.(3) restricts signs on public property to governmental signs.  c.(4) limits banners to temporary business signs (maximum 10 days).  d.(1)(c) lists billboards and advertising signs as nonconforming signs. The City has had a long history of phasing out billboards. The proposed signs differ little from billboards, that is, off-site advertising signs. Over the years the City has managed, through its development regulations, to eradicate five of seven billboards that existed over the past 30 years.  e.(1) lists signs allowed in residential zoning districts. Advertising signs are not allowed in residential districts. Freeman Park is zoned single-family residential. Nielsen stated Staff asked the City Attorney to provide a legal opinion on the requested amendments. The Attorney indicated if the City proceeds in making the requested amendments; the ordinance should be crafted to clearly distinguish ball-park signs from other types of outdoor advertising signs. Nielsen noted the City had received numerous emails from STLL members in support of the request. Nielsen stated Staff is looking for direction from the Planning Commission. He asked if the Commission would like Staff to draft amendments to the City Code. Nielsen stated Kyle Heitkamp, representing STLL, was present this evening and Park Commission Chair Norman was also present. Mr. Heitkamp stated STLL has a very good working relationship with the City, and on behalf of the STLL he did not want anything to jeopardize it. STLL is very proud of its facilities, and it spends a lot of money each year maintaining its facilities. STLL is seeking an exception to allow temporary signage on the ball-field fences at two ball fields in Freeman Park. He explained the proposed signs would be 3.5 feet high by 7 feet wide, they would be constructed of industrial mesh fabric and they would be the color of the fence. He stated he thought this request would be a win-win for the City and STLL. He commented that based on feedback from potential sponsors he thought STLL could receive $20,000 for the advertising signs. Mr. Heitkamp explained why STLL was making its request. The main reason is STLL wants every child in the area who wants to play little league to have the opportunity to do so. It wants to keep its fees low and offer scholarships to children whose families need help paying the fees. A representative of Diamond Club approached STLL about the idea of advertising sponsorships. This representative from Diamond Club worked with the City of Minnetonka to have Minnetonka’s ordinance changed to allow this type of signage at two ball fields. In 2008 STLL received $8,500 from sponsors and it was difficult to get that much. Every city that abuts the City allows advertising signs. The St. Bonifacius ordinance does not allow them, but its Council decided to allow them. Victoria allows signage. Chanhasssen developed a signage CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 3 of 7 agreement. Minnetonka amended its ordinance to allow advertising signage in certain parks. Mound and Upper Tonka also allow signage. Six of the eight cities the City Engineer spoke with allow the signage. The proposed signage would be up approximately three months each calendar year. Mr. Heitkamp stated the sponsorship revenues will be used for scholarships and field maintenance. He noted STLL’s requests for scholarships have increased substantially; this is also occurring with most other leagues. He stated STLL’s fees are some of the lowest around and it would like to keep them that way. He explained that in 2008 STLL spent approximately $13,700 on field improvements, equipment and maintenance. Also, $6,700 was spent for the grounds crew; those hours are in addition to all of the volunteer hours. The only people that get paid are youth umpires and youth ground crews. STLL allocated $17,500 for field improvements in 2009. He stated the Park Commission indicated that maybe the City could pay for some of the maintenance and improvement expenses. STLL and others thought the signage would be a better idea because the taxpayers would not have to fund that cost. Mr. Heitkamp explained the City received approximately 50 emails from parents of STLL players who live outside of and inside of the City before Director Nielsen asked STLL to have people to stop sending him emails. Residents in the Shorewood Oaks neighborhood, located to the west of the ball fields, have been supportive of the signage. He had met with the President of the Shorewood Ponds Home Association twice and the President did not express any issue with having signage. He commented the signage would be put up after the foliage came out and taken down before it was gone. Mr. Heitkamp reviewed the questions and highlighted the answers provided in a memorandum from the City Attorney written in response to Staff questions (per a memorandum from Kennedy & Graven dated 23 February 2009). 1. Can the City distinguish between park fence advertising signs and other types of outdoor advertising signs, including billboards? Would the amendments jeopardize the City’s position on other commercial signage, particularly outdoor advertising? Approving the amendments would not jeopardize the City’s position generally on commercial signage as long as the city has a rationale basis for distinguishing between certain types of signs. 2. Can the City limit the amendments to only allow signs in Freeman Park? Should the amendments be extended to include other City parks? Allowing advertising signs only in Freeman Park could open the door for challenges based on the argument that all public property within the City should be similarly available. Because the City is regulating commercial speech rather than noncommercial speech, a challenge nevertheless might be less likely to succeed, especially if the City has a sound, content-neutral basis for allowing signs in one park versus another. 3. If the City allows advertising in the ball fields for STLL, would it be difficult to deny similar treatment to other groups (e.g., hockey, football)? The City could regulate off- premise sign based solely on some other neutral factor (e.g., location). This approach would address any concerns that the City was showing preferential treatment to a certain group and would make a challenge less likely to succeed. Mr. Heitkamp stated only people coming to the Park would see the signage. He questioned if approval of signage could be granted on an annual basis and it could be up for a specific timeframe. This request could be unique because STLL pays for much of the improvements and maintenance in addition to paying for usage fees. He noted representatives of other sports organizations using the City’s ball fields indicated they were not interested in pursuing signage measures. He stated he would be willing to review STLL’s budget line item by line item if the Planning Commission wanted him to. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 4 of 7 In response to a question from Commissioner Ruoff, Mr. Heitkamp explained each sign will cost approximately $500 and the estimate is to have 26 sponsored signs. In response to second question, Mr. Heitkamp stated there were less than five scholarship requests in 2008, and there have already been eight in 2009 noting the peak time for receiving scholarship requests does not happen for a while. He anticipates STLL will award $3,000 – $4,000 in scholarships in 2009. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:25 P.M. Bob Edmondson, 19585 Shady Hills Road, stated he ran for a City Council seat in the 2008 general election but failed to secure a seat noting he was narrowly defeated. He applied for a seat on the Planning Commission in February 2008 and was narrowly defeated for that. He has been appointed to the Park Commission. His intent this evening was to introduce himself to the Planning Commission, and to congratulate Commissioner Arnst who was recently appointed to the Commission. He was looking forward to a vigorous attitude in these stringent and unusual economic times that are the worst financial times in 50 years. He anticipated the Park Commission would be fiscally smart. He looked forward to working with the Planning Commission on up coming issues. Frank Kuzma, a resident of the City of Chanhassen, stated he is with Diamond Club and he initiated this entire discussion with Mr. Heitkamp. Diamond Club is an umbrella organization that brings various sports organizations together. He noted he had worked with the City of Minnetonka on its amendment to its signage ordinance. He explained potential sponsors approached Diamond Club about possibly doing sponsorships in the South Tonka area with STLL. He thanked the Planning Commission for considering this request. Doug Dahl, President of the Shorewood Ponds Home Association, stated the Association is pleased to support STLL in its efforts to remain self sustaining. The advertising signage will in no way diminish the entertainment provided by STLL little league games. Gayle Luke, 25725 Park Lane, stated she probably lives closest to the south ball field and the parking lot. She likes the openness of Freeman Park. She expressed concern that if this request is approved then what would prevent additional signage from being put up in the Park. She stated she will be disappointed if the Park takes on more of a commercial look. Park Commission Chair Norman stated the Park Commission has met with Mr. Heitkamp, and the Commission unanimously recommended the request be denied. If the City amended its Zoning Code to allow advertising signage in Freeman Park the Commission was concerned that it would set a precedent, and it would undo the City’s past efforts to reduce signage in the City. The Commission also felt strongly that commercial messages should be kept out of public space. The Commission directed City Staff to work with STLL to determine where the City should be paying for certain maintenance and improvement costs. Mark Tuseth, Excelsior, stated it’s his understanding that the purpose of sponsorship advertising signage is to generate funds so more children can participate in the STLL programs. He then stated the proposed signs would be temporary. STLL wants to raise additional monies to help reduce its expenses and provide more scholarships. Chair Schmitt closed the Public Testimony of the Public Hearing at 7:35 P.M. In response to a question from Commissioner Ruoff, Mr. Heitkamp explained STLL spent approximately $13,700 on field maintenance in 2008 with most of it being for the ball fields in Freeman Park. It includes CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 5 of 7 normal field maintenance to new equipment for things such as mowing and dragging the infield. In response to another question, Mr. Heitkamp stated he and the Park Commission did not discuss any specific amount of money the City could possible contribute to field upkeep. Mr. Heitkamp stated a representative from STLL met with the City Administrator to discuss repairs for batting cages. The repairs could cost up to $20,000. STLL had thought the City had previously budgeted for the repairs, but the City Administrator informed STLL there are no funds allocated for that. Many of the necessary repairs to the cages would resolve safety issues, and improvements along side of the cages would extend the life of fence. Commissioner Vilett stated she thought there is a distinction between billboard signage and the type of signage STLL was proposing. She then stated if the City Attorney thought this request could be granted without setting precedent then she could support the request, noting that would be contingent on how the amendments were worded. Commissioner Ruoff stated he understood the City Attorney to indicate there could be a possibility of establishing precedent if the amendments were not carefully worded. He questioned how likely it would be for other sports organizations to request this type of advertising signage if this request were to be approved. Director Nielsen explained hockey is played at Badger Park and at Cathcart Park, football is played at Badger Park, soccer is played at Freeman Park, and softball is played in Freeman Park. Park Chair Norman stated there is overflow soccer and lacrosse played at Manor Park. Commissioner Hutchins questioned what the City’s exposure would be for other organized sports activities to make similar requests. Director Nielsen stated it would be difficult for the City to turn down another organization; it would be easier for the City to limit signage to a specific park than a specific organization. Commissioner Hutchins stated the City Engineer’s report listed what neighboring cities did with regard to allowing signage in their parks. He questioned if the signage is allowed as variances to ordinances. Director Nielsen stated the City of Minnetonka allows signage at its high school complex and at Bennett Field, yet its ordinance specifically states signage is not allowed on ball-field fences. Another city’s ordinance states it’s not allowed but the City actually allows it. Another city has a formal agreement it uses. Commissioner Hutchins asked Director Nielsen if he had identified what the rationale would be for granting this request. Director Nielsen stated Mr. Heitkamp indicated distinctions could be made. The signage would not be visible from the road, part of the sponsorship money would be used to pay for ball field maintenance, and Freeman Park is a community park versus a neighborhood park. There could be a requirement that the display would be temporary. In response to a question from Commissioner Hutchins, Mr. Heitkamp stated the signage would cover approximately 33 percent of the outfield fence and 15 percent of the total perimeter. Commissioner Arnst stated that when she served on the Park Commission from 1997 – 2004 there had been 2 – 3 similar requests which were considered by various Commissioners. The Commissions never thought it was an appropriate venue for advertising signage. The Commissions tried to balance the intense usage of the City’s parks with the intense beauty of the surroundings; the ability to see through ball-field fences needed to be preserved. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 6 of 7 Commissioner Ruoff stated he is a parent of children participating in STLL programs, and STLL’s fees are lower than other organizations’ fees. There is parent involvement with cleanup of the fields and maintenance of fields; parents have established a partnership with STLL. If the amendments could be crafted to limit the number of signs allowed and limit them to specific fields then he could support the request. He understood it may be difficult to limit it to only softball, but thought it was possible. Chair Schmitt stated he has mixed thoughts about this request. He appreciates STLL’s need for additional funding. He thought the City should be responsible for providing adequate maintenance of the two ball fields. Making the necessary amendments would cost the City a significant amount of time and effort. The current discussion is about crafting amendments that would be creative enough to allow this specific request. It would set a precedent. When a similar request comes along another creative amendment can be crafted to allow the new request. He recommended the Park Commission identify funds to help with maintenance of the two fields and determine where the funds would come from to repair the batting cages. He stated businesses will pay for advertising signage because there is a financial benefit to them. The proposed signage would also be a financial benefit to STLL. Therefore, government property would be used to create advertisement for financial gain and he did not think it would be appropriate to establish that precedent. He has a difficult time supporting this request. The fact other Commissions had recommended denial of similar requests does carry some weight, but he is not one to do something because it has historically been done that way. Approving this request could make it difficult to keep commercial messages out of public properties. He expressed disappointment that STLL is doing part of the City’s job by doing maintenance on the two ball fields. He thought the Planning Commission should strongly recommend Council address the issue. Chair Schmitt clarified the Planning Commission is a recommending body only; it does not make the decisions. This request will come before Council during its March 23, 2009, meeting and the Council will make the decision. Hutchins moved, Arnst seconded, recommending denial of South Tonka Little League’s request for amendments to the City’s Zoning Code that would allow it to display commercial advertising signs on the ball field fences of the two fields in Freeman Park used by STLL. Commissioner Vilett suggested the motion be amended to include the request for Council to consider having the City fund some of the maintenance of and improvements to the two ball fields. Without objection from the maker or seconded, the motion was amended to include the Planning Commission requests the City Council consider having the City fund some of the maintenance of and improvements to the two ball fields. Motion passed 5/0. Chair Schmitt closed the Public Hearing at 7:54 P.M. 2. SELECT CHAIR AND VICE-CHAIR FOR 2009 Hutchins moved, Ruoff seconded, recommending the nomination of Scott Schmitt to the position of Planning Commission Chair. Motion passed 5/0. Hutchins moved, Ruoff seconded, recommending the nomination of Bob Gagne to the position of Planning Commission Vice-Chair. Motion passed 5/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 3 March 2009 Page 7 of 7 3. SELECT LIAISON TO CITY COUNCIL Council Liaisons were selected as followed: March 2009 Commissioner Hutchins April 2009 Commissioner Geng May 2009 Commissioner Ruoff June 2009 Commissioner Arnst July 2009 Commissioner Schmitt 4. DISCUSS MEETING CALENDAR Director Nielsen stated there will not be a Planning Commission meeting on March 17, 2009, because he th will be on vacation. He stated the meeting could be rescheduled for March 24 if the Commission wanted it to be. He noted the Commission is ahead of schedule on reviewing the Planning District Area Plans, th and as of yet there are no planning items for discussion for the April 7 meeting. The Commission agreed that a meeting on March 24 would not be necessary. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA No agenda was drafted. 7. REPORTS • Liaison to Council Director Nielsen reported on matters considered and actions taken at the 23 February 2009 Regular City Council meeting (as detailed in the minutes of that meeting). • SLUC No report was given. Commissioner Vilett stated she wanted to attend the Sensible Land Use Coalition program titled Foreclosures Part 1 which is scheduled for March 25, 2009. • Other None. 8. ADJOURNMENT Arnst moved, Hutchins seconded, Adjourning the Planning Commission Meeting of 3 March 2009 at 8:05 P.M. Motion passed 5/0 RESPECTFULLY SUBMITTED, Christine Freeman, Recorder