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HomeMy WebLinkAboutMinutes05_0222City of Falcon Heights Planning Commission Minutes February 22, 2005 PRESENT: Commissioners Lukermann, Harris, Lageson, Ryan, Tracy, Ziebarth. Also present was Staff Liaison Deb Jones. In attendance for the scheduled public hearing were two residents and two employees of Twin City Co-ops Federal Credit Union. ABSENT: Heideman, Lindstrom, De Leo (with notice) The meeting was called to order by Commissioner Harris, Commission Chair, at 7:00 p.m. The minutes of the November 23, 2004, meeting were approved. COMMISSION CHAIR FOR 2005: Patrick Ryan was elected Chair of the Planning Commission for 2005. Commissioner Ryan conducted the remainder of the meeting. INTERIM USE PERMIT FOR FARMER’S MARKET AT TWIN CITY CO-OPS, 2025 LARPENTEUR AVENUE Ms. Jones presented the staff report on the Farmer’s Market IUP. The Market has had two seasons on the TCCU property and has become a popular and highly valued community asset. Residents and visitors have expressed much appreciation for the way the market has been conducted and for the excellent supervision and stewardship provided by the property owner TCCU. Last year the IUP was changed to adjust parking requirements and traffic flow in response to the experience of the first season. This year three changes are proposed the IUP. First, the Market would like to open in May instead of June to give the vendors the opportunity to offer perennials and bedding plants at the appropriate season. Second, sales would be allowed to start at 7:30 a.m. instead of 8:00 a.m. to give commuters the opportunity to shop before they go to work. There have been many requests for this change, from both City residents and people employed in Falcon Heights and at the University. Vendors would not arrive or set up any earlier than usual; they would still be required to wait until 6:30 a.m. as in previous years. The most significant change proposed this year is to allow the IUP to be open-ended rather than limited to one year, as in the past. The new permit would be in effect as long as TCCU owns and occupies the property and all other permit conditions are met. Ms. Jones explained that an IUP does not have to state a specific time period but can have other kinds of conditions for expiration. The Staff finds that the Co-op has done an excellent job as host of the Market in the first two seasons. Making the IUP condition-limited instead of time-limited will save the trouble and expense of renewing annually while avoiding possible unintended consequences of converting the market to a conditional use available to future owners or occupants of the property. PUBLIC HEARING Commissioner Ryan opened the public hearing. The first speaker was Sherif Tawfic, 1978 Garden Avenue. Mr. Tawfic thanked all concerned for making the Farmer’s Market a success. He expressed concern that residents might lose control over the conditions of the market operation if the IUP is open-ended and that the proposed time extension may open the way to changes not palatable to neighbors. Therefore he wants the IUP to be kept on an annual basis. Cindy Hartley, Director of Facilities for Twin City Co-ops Federal Credit Union, was the next speaker. She said the Co-op is willing to come back annually but hoped to save time by making this change. She is the individual in charge of seeing that the permit conditions are met. The conditions are strictly enforced. Last year traffic flow went much more smoothly with the changes to the parking lot. In response to a question from Commissioner Tracy, Ms. Hartley said that the cost involved in annual renewal is chiefly staff time, both for TCCU and the City. Commissioner Lageson asked what happens if there is a complaint. Ms. Hartley answered that there is a Farmer’s Market representative on-site. If they can’t handle the problem, it goes to her, and she is also always present when the market is in operation. Commissioner Lukermann recommended that the process of communicating complaints or concerns be made known to the community. Commissioner Harris expressed thanks to TCCU for hosting the market. The next speaker was Amel Soliman of 1978 Garden. She also expressed thanks for the Market and appreciation of the way it has gone. She has two concerns, however. First, vendors’ trucks have been coming to park on Prior as early as 6 a.m., keeping their engines running. She is worried they will show up even earlier if the market opens at an earlier hour. Second, she has seen litter blowing on windy days and suggests more trash cans on the market site. Ms. Hartley said she was unaware of the trucks coming early and will talk to Jack Gerton, manager of the St. Paul Farmers Market about the situation. Todd Barduson of TCCU came to the podium to explain that some vendors have fairly elaborate setups with complicated loading and stacking of fragile goods. They are trying to beat the morning traffic and may not be able to control their arrival time precisely. As for the litter, he assured the Commission that he drives the perimeter to try to catch anything that blows away. There is a policy of fines charged to vendors if they don’t thoroughly police their area. Commissioner Tracy asked why the trucks are idling in the street. Mr. Barduson said they are probably trying to keep warm at the early hour or keep refrigeration equipment running. He stressed that the Co-op wants to do what is necessary to make the Market work for the neighbors. Ms. Jones said that this is the first time Staff has heard these concerns. She pointed out that Prior is a no-parking zone. Enforcement of parking restrictions would be a first step if vendor are stopping on Prior before the market opens. Ms. Soliman added that this is why the permit needs to be annual, to make sure the market stays well run and that neighbors are listened to. There being no one else who wished to speak, the public hearing was closed. FARMERS MARKET I.U.P.: DISCUSSION AND RECOMMENDATION Commissioner Lageson, addressing the resident’s concern that the neighbor’s complaints would not be heard, suggested that an annual comment period could be held without requiring annual renewal of the permit. Commissioner Harris pointed out that all City services and activities can be commented on at any time without a public hearing. Giving input to the City is not a problem. However, the conditions of the permit could certainly be changed to address the problem of idling vehicles before 6:30 a.m. Commissioner Lukermann moved to accept the Staff recommendation on the IUP (and thus recommend approval to the Council) with modifications in the IUP to address the vehicle issue. Harris seconded the motion. Commissioner Ryan said he was troubled by the idea of the permit running with the land but felt it was not necessary to require annual renewal. There needs to be a vehicle for responding to concerns. Commissioner Tracy said a compromise of a time-limited but multi-year permit should be considered. Commissioner Harris pointed out that no matter how long the permit runs, it will terminate if the conditions are violated. Commissioners reviewed the conditions listed in the proposed Interim Use Permit and continued discuss possible amendments that could solve the idling vehicle problem. Because Prior Avenue is the public right of way and not under control of the property owner, the conditions of the permit cannot be extended to vehicles idling on Prior. One suggestion that was received favorably by Commissioners was to add a bullet point to the list of permit conditions requiring early-arriving vendors to wait in the front (south) parking lot if they arrive before 6:30 a.m. The TCCU personnel said they would be happy to make that parking lot available. The parking lot is distant from most residences, and the noise from idling would be much less of an issue next to the Larpenteur traffic. The Co-op would also be happy to give an annual report to the Commission on the Farmer’s Market season, probably at the November meeting, as suggested by Commissioner Ryan. Commissioner Lukermann amended her motion to specify that the above condition would be added to the list in the IUP and that vehicle would be restricted to that parking lot before 6:30 a.m. The motion, as amended, passed unanimously. Commissioner Ryan commented that the last two bullet points in the list of conditions do allow the kind of flexibility needed to make future adjustments to the IUP to respond to developing neighborhood concerns without terminating the permit. INFORMATION AND ANNOUNCEMENTS: There were no announcements. ADJOURNMENT The meeting was adjourned at approximately 7:57 p.m. to a Commission workshop, the last in a series of discussions reviewing the City zoning code in expectation of updating and recodification in the coming year. Respectfully submitted, Deborah Jones, Staff Liaison