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HomeMy WebLinkAboutPL MINUTES 03161993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ioizsa Box: 19 Folder: PL MINUTES AND AGENDAS 1993 Document: PL MINUTES 03161993 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 MARCH 16 , 1993 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge of 11 Allegiance was led by Chair Faust . 12 13 2 . ROLL CALL 14 15 Members Present : Thompson, Franzese Gondorchin , Murphy, 16 Werenicz, Madden and Faust 17 18 Staff Present : Management Assistant Urbia 19 20 3 . APPROVAL OF FEBRUARY 16 , 1993 MEETING MINUTES 21 22 Motion by Murphy, second by Gondorchin to approve the minutes 23 of the February 16 , 1993 Planning Commission Meeting with the 24 following corrections : 25 page 1 , line 37 : Correct "COMMISION" to "COMMISSION" page 2 , lines 36/38 : This paragraph should read as follows : 28 "Commissioner Franzese raised a concern regarding the 29 inclusion of visibility and sightline issues in the 30 ordinance . " 31 page 3 , line 6 : Change "with" to "but" 32 page 3 , line 24 : The vote on the motion was omitted and Motion 33 carried unanimously should be added . 34 page 4 , lines 20/23 : The second sentence should read as 35 follows : "Management Assistant Urbia made the case to permit 36 the sign because it faces two roadways , the frontage road and 37 Highway #8 . " In line 22 the word "follow up" should have a 38 hyphen , " follow-up" 39 page 5, line 5 : Correct the spelling of "appropriate" 40 41 Commissioner Madden is of the opinion that correction of 42 typographical errors in the minutes is not appropriate. 43 44 45 Motion carried unanimously 46 47 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE APRIL 13 , 1993 48 CITY COUNCIL MEETING 49 50 Chair Faust questioned a need for a Planning Commission member PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 2 4 5 to be in attendance at the April 13 , 1993 City Council 6 Meeting. This matter was discussed later in the meeting. 7 8 5 . PUBLIC HEARINGS 9 10 There were no public hearings . 11 12 6 . MISCELLANEOUS 13 14 A. Utility Buildings 15 16 A memo from Urbia stated that information regarding sheds and 17 utility buildings is found in five sections of the City Code. 18 He recommended these sections be referred to regarding 19 definitions for accessory uses of utility buildings . 20 21 Commissioner Madden noted he has not reviewed the sections 22 recommended by Urbia for reviewal . He had concerns with the 23 allowable size of these buildings . He also was concerned with 24 specific setback requirements when rear yards face a city 25 street . He felt it would be worth looking at to see if 0 different setback requirements should apply. 28 Chair Faust noted this type of situation could be a real 29 eyesore. He said there is a potential for this on 37th Avenue 30 where some yards face that avenue and on Edgemere as well . 31 32 The Chair directed Urbia to pursue information on this item 33 and see how it is currently being handled. He requested this 34 information be presented to the Planning Commission at its 35 next regular meeting. 36 37 Urbia suggested there may be concerns regarding the materials 38 used to build utility buildings . 39 40 Chair Faust inquired if the Uniform Building Code is used as 41 a guide by Larry Hamer, the Public Works Director . Urbia 42 responded that this is the case but pre-fab buildings may be 43 approved in some instances . 44 45 Urbia noted also that some pre-fab buildings could be put up 46 without staff knowledge. Commissioner Gondorchin inquired what 47 action would be taken if this situation occurred. Urbia 48 responded that the property owner could be required to get a 49 permit . Removal of the structure was unlikely but a foundation 50 may be required. • 01 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 3 4 5 6 Currently, a cement slab or treated wood base is required so 7 that the bottom of a utility building does not decay. 8 .9 Dimensional regulations are covered in the zoning ordinance. 10 Maintenance of these structures is covered in the recently 11 adopted Housing Maintenance Ordinance. 12 13 Another example of this type of structure could be a large 14 garage which was a possibility noted by Chair Faust . 15 Commissioner Madden cited a second garage located on property 16 on Chandler Drive. He recalled that the Planning Commission 17 had recommended denial of the permit for this garage but the 18 City Council gave its approval . 19 20 21 7 . STAFF UPDATE 22 23 A. Sian Amortization 24 25 Some members of the City Council did not feel the matter of sign amortization was necessary for inclusion on the sign ordinance nor were further restrictions regarding business 28 signs . 29 30 Urbia advised that the owners of Northgate were sent a letter 31 advising them of their sign non-compliance. They will be 32 requesting a variance in late April . This will be treated as 33 a variance request as the building is not facing two streets . 34 The first sign request was approved as a variance . 35 36 Urbia advised that the owners were very cooperative. 37 38 B. Directional/Informational Sians 39 40 Commissioner Franzese directed the Commission members ' 41 attention to page 7 of the February 23rd Council meeting 42 minutes . They read as follows , " The City Manager advised that 43 these types of signs , directional and informational , are not 44 defined in the sign ordinance nor are these types of signs 45 controlled. " She questioned what was considered directional 46 and informational . 47 48 Urbia advised that approximately 30 letters went to properties 49 in the City advising them of their non-conforming signs . Among 50 the signs which were viewed as non-compliant was the DARE • •1 PLANNING COMMISSION MEETING 2 MARCH 16, 1993 3 PAGE 4 4 5 6 sign at Wilshire Elementary School . 7 8 Commissioner Madden inquired if other commissioners felt the 9 phrase "Conoco - Hottest Brand Going" was informational . He 10 stated that staff views it as informational . 11 12 Urbia gave some examples of non-defined signs such as those 13 which are placed on top of gas pumps or those which indicate 14 whether a car wash is open for business . 15 16 Commissioner Madden stated he agrees with Commissioner 17 Franzese with regard to her statements made at the February 18 9th Council Meeting. Commissioner Franzese stated she views 19 the sign ordinance as an enabling document and that some types 20 of new signs have not been addressed in it . She also stated 21 that she views the dimension of staff "flexibility" as a ruse 22 and a subversion of the intent of the ordinance. 23 24 Commissioner Madden gave some examples of signs he views as 25 advertising rather than informational ; among them were the signs which read, "hot dogs, " "Conoco" and "Holds all of the cards . " 28 29 He felt the new sign ordinance was very clear in defining 30 advertising although there are some signs being allowed by 31 staff which convey information but he felt are actually 32 advertising. 33 34 With the new sign ordinance and the new comprehensive sign 35 plan, Commissioner Madden felt the City should "get its ducks 36 in a row. " 37 38 Commissioner Franzese corrected the interpretation of what is 39 a "ruse and a subversion" as made by Commissioner Madden . She 40 advised these comments referred to two signs placed on one 41 side of a building with both signs facing the same street . She 42 was not referring to informatinal nor advertising signs as 43 stated by Commissioner Madden . 44 45 Commissioner Franzese had observed that at the February 9th 46 Council Meeting, the City Manager advised that such signs as 47 directional or informational are not addressed in the sign 48 ordinance as staff feels these situations should be addressed 49 without having to amend the sign ordinance in each instance. 50 • 01 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 5 4 5 6 Commissioner Franzese also referred to comments made by 7 Councilmember Fleming at the February 9th Council Meeting 8 regarding a review of the sign ordinance by local business 9 persons . Councilmember Fleming reported that the two business 10 persons she contacted found the sign ordinance a legal maze 11 and difficult to follow. 1.2 13 The Commissioner felt these comments were unfortunate as it 14 was thought that the City had a very comprehensive ordinance . 15 She requested that these two business persons be identified. 16 She also felt that the DARE sign should have remained in 17 place. Urbia advised that the letter of non-compliance was 18 sent to the school as the sign had been up more than thirty 19 days not because it was not approved. He felt that staff 20 flexibility allowed for it not being removed. 21 22 Chair Faust restated his request for staff to gather 23 information and definitions relative to directional and 24 informational signs . He felt the term " informational " was 25 generic and not specific . VCommissioner Murphy noted that many signs which are viewed as 28 non-compliant are temporary. He inquired as to what is 29 contained in the ordinance regarding temporary signs . 30 31 Chair Faust read that section in the ordinance which addressed 32 temporary, commercial signs . He noted that service station 33 pump signs are not mentioned. Commissioner Madden felt the 34 pump signs looked rather permanent to him. He also requested 35 the definition of directional signs in the ordinance . 36 37 Urbia advised that directional signs are defined but are not 38 enabled or referenced in the ordinance . 39 40 Commissioner Madden stated he feels directional signs are not 41 a problem. He is of the opinion that the informational signs 42 introduced by staff are the problem. 43 44 Urbia advised that the City Manager is of the opinion that St . 45 Anthony has a tough sign ordinance. Staff is leaning toward 46 allowing signs which are informational and contain 47 advertising. This is being handled by the City' s Zoning 48 Administrator. 49 50 • 01 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 6 4 5 6 Commissioner Murphy suggested that staff should be making the 7 ordinance user-friendly as it appears not to be designed for 8 the business community. He felt staff should recommend the 9 ordinance be modified or they should be directed to enforce 10 what is presently on the books . 11 12 Commissioner Madden felt that the comprehensive sign ordinance 13 was totally ignored and swept under the rug regarding the 14 signage at Stop-N-Shop. 15 16 Commissioner Murphy inquired what procedure is followed by 17 staff when a sign request is received which is not covered by 18 the sign ordinance . Urbia responded that the Zoning 19 Administrator decides and interprets the ordinance. 20 21 Commissioner Murphy felt the intent of the Planning Commission 22 regarding this matter was to avoid a rubber stamping approval 23 of signs not addressed in the ordinance. He feels this needs 24 more interpretation and enforcement . 25 Urbia noted that the City Manager is responding to direction from the City Council . Commissioner Murphy suggested that the 28 City Council has a different philosophy than the Planning 29 Commission on this matter . 30 31 Chair Faust requested that the Zoning Administrator attend a 32 Planning Commission Meeting to discuss the City Council 33 philosophy regarding the sign ordinance and the definition of 34 new terms in the ordinance. 35 36 C. Parkincj Ordinance 37 38 Chair Faust inquired if there is anything new to report on the 39 parking ordinance. Urbia responded as far as he knows there is 40 nothing new. 41 42 Commissioner Franzese advised that at the March 2nd Council 43 work session the City Manager requested the City Council to 44 discuss any further feelings towards the proposed parking 45 ordinance . The Council did not feel an ordinance would be 46 appropriate as the problem has addressed itself , probably from 47 further awareness by exposure in the media . 48 49 Commissioner Gondorchin took exception to this conclusion and 50 feels the ordinance should be further explored. 01 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 7 4 5 Commissioner Franzese requested that the City Manager clarify 6 the statement that the Planning Commission had observed that 7 the situation has taken care of itself and that most blatant 8 examples of parking violations have disappeared . She felt a 9 more accurate statement would have been that the City Manager 10 had advised the Planning Commission that most of the problems 11 have taken care of themselves . 12 13 Commissioner Murphy recalled that this matter had been tabled 14 by the Planning Commission until the results of a community 15 survey were available . 16 17 Urbia advised that the survey concentrated on the future needs 18 of a community center and some other issues but did not 19 include anything on a parking ordinance . He noted that if a 20 second survey had been commissioned it may have included 21 questions regarding a parking ordinance . At this point in 22 time, a second survey has not been approved . 23 24 Chair Faust felt it would be fruitless to move forward on this 25 matter without City Council direction . He suggested it is a 06 dead issue. 7 28 Commissioner Franzese felt the impetus to back off this issue 29 came from the City Council to the City Manager . 30 31 8 . COMMISSIONERS ' COMMENTS 32 33 A. Commissioner Thompson 34 35 Commissioner Thompson inquired as to the status of the 36 dentists ' office project on Silver Lake Road. Urbia advised 37 that the requested variance was not granted . Other 38 arrangements have been made to move the dumpster to a less 39 conspicious location . 40 41 B. Commissioner Franzese 42 43 Commissioner Franzese stated she will be unable to attend the 44 tour of the Hennepin County garbage burner facility. 45 46 She also inquired if the City ' s Planning Commission could join 47 the Minnesota Planning Agency. Urbia stated that the City is 48 presently experiencing a tight budget . He suggested that 49 perhaps a staff member could join rather than the entire 50 Commission . 0 01 PLANNING COMMISSION MEETING 2 MARCH 16, 1993 3 PAGE 8 4 5 This arrangement would accommodate having the entire body 6 receive the benefits of this Association and not be quite so 7 expensive . 8 9 Commissioner Franzese requested staff to inquire if there is 10 a group rate available. She feels the organization has very 11 good information available and hosts very beneficial planning 12 sessions , seminars , etc . 13 14 Urbia will get information regarding costs for a group as well 15 as individual member costs . Chair Faust suggested that perhaps 16 individual members of the Planning Commission could attend 17 some of the functions on a rotating basis . 18 19 Commissioner Franzese feels the Planning Commission needs some 20 type of continuing education. Having some experts brought in 21 to speak to the Planning Commission should be considered. 22 23 Commissioner Franzese inquired as to the status of the CUB 24 store and any information on the Community Center . She also 25 inquired what was available regarding water problems in Silver Lake . 7 28 Urbia reponded that there is limited new information on these 29 matters . The Silver Lake Homeowners ' Association have 30 submitted a petition to the Rice Creek Watershed District 31 which reflects their concern for the Lake ' s water quality. 32 33 Commissioner Franzese stated that the Silver Lake Homeowners ' 34 Association feels very strongly that Apache Plaza is a major 35 pollutor of the Lake and that the CUB project should not go 36 ahead without this issue being addressed. 37 38 Chair Faust feels there are two issues which are of concern 39 regarding Silver Lake, those being phosphates and trash. He is 40 confident that the owners of Apache Plaza are doing everything 41 possible to see the situation improves . 42 43 Barr Engineering is conducting studies for the C, G. Rein 44 Company, who owns Apache Plaza . These studies address 45 environmental concerns . Barr is proposing placing thirteen 46 large holes on the property which will catch flow and remove 47 major particles . This will address the trash issue . Chair 48 Faust stated that the second concern , that of phosphates , 49 comes from fertilizer and vehicles which remain parked for 50 long periods of time . 0 01 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 9 4 5 6 Holding ponds would alleviate some of the problems being 7 experienced and anticipated with the new development . Barr 8 looked into this possibility but it was decided there is no 9 room for holding ponds . 10 11 Urbia advised that a redevelopment plan is being drafted for 12 the CUB store and topographical maps are still needed. 13 14 Regarding the community center, Urbia stated that Request for 15 Proposals have been sent to five well known architectural 16 firms . Also, a space needs analysis is being compiled . 17 18 C . Commissioner Gondorchin 19 20 May 13th is the tentative date selected for touring the 21 Hennepin County Burn Center . The Commissioner recommended that 22 anyone interest attending verify the date with Urbia . 23 24 D. Commissioner Murphy 25 0 6 Commissioner Murphy requested information regarding the house 7 on Silver Lake Road that was recently purchased by the City . 28 29 Urbia advised that the Fire Department will burn the house 30 down in the spring as a practice drill . The lot ' s availability 31 will be made known to developers . The City also has the option 32 of selling the lot directly if developers do not submit bids 33 which the Council feels are appropriate. 34 35 Commissioner Murphy advised that he received a memo from a 36 property owner on Skycroft . This property owner, who ' s home is 37 located adjacent to Central Park , expressed concern with 38 regard to water drainage and how it is being addressed in the 39 Sports Boosters development project . His specific concern 40 focused on the paved trail which is being considered in the 41 project . He wanted the Boosters to be sensitive to the 42 potential problems this paved trail may cause with regard to 43 water drainage . 44 45 Urbia responded that the Boosters have been rather inflexible 46 on this project , but the City has control as building permits 47 will be required from the City for this project . 48 49 Commissioner Murphy also felt that any work on the football 50 field will also impact on water drainage. 0 91 PLANNING COMMISSION MEETING 2 MARCH 16 , 1993 3 PAGE 10 4 5 6 E. Commissioner Werenicz 7 8 Commissioner Werenicz had nothing to comment on at this time. 9 10 F. Commissioner Madden 11 12 Commissioner Madden inquired if staff is aware of any activity 13 at the St . Anthony Lanes . Urbia responded he has not heard of 14 any activity at this bowling alley . He noted that the Public 15 Works Department receives calls regularly from Walker 16 residents . They are distressed with the appearance of the 17 property around the bowling alley as well as the vehicular 18 traffic driving through. Staff has suggested to the owners of 19 the bowling alley that it would be prudent to blockade the 20 area where traffic cuts through . 21 22 Commissioner Madden questioned if staff had considered 23 development if this building became vacant . Since staff is 24 unaware of the possibility of this vacancy, there was no 25 answer to this inquiry. 06 7 Commissioner Madden noted that the issue of an absention on a 28 vote was discussed at a recent Council meeting. The Council 29 directed staff to include its comments regarding an absention 30 vote in the Planning Commission by-laws . 31 32 Commissioner Madden stated he takes offense to this request 33 and he referred to Roberts ' Rules of Order regarding an 34 abstention . He also takes offense at the City Council revising 35 the Planning Commission ' s by-laws and protested that action. 36 37 Urbia noted that the revision was not made as he recognized 38 that it would be contrary to Robert ' s Rules of Order. 39 40 Commissioner Murphy inquired if the City Attorney was in 41 attendance at the meeting where the by-laws were revised. 42 Urbia did not recall his being in attendance . 43 44 Commissioner Madden wanted the record to reflect his protest 45 of the Planning Commission by-laws revision as approved by the 46 City Council as of January 12 , 1993 . 47 48 Chair Faust observed that the City Council may be requested to 49 rescind this action if this is the wish of the Planning 50 Commission . 0 •1 PLANNING COMMISSION MEETING 2 MARCH 16, 1993 3 PAGE 11 4 5 6 The Chair also felt it was illegal to force someone to vote. 7 8 Urbia suggested that if it desires , the City Council can 9 reconsider this action and staff can introduce new 10 information . 11 12 Chair Faust determined there is no need for a representative 13 o.f the Planning Commission to attend the April 13th Council 14 meeting. 15 16 Commissioner Franzese inquired how the neighborhood meetings 17 went for the proposed street improvements . 18 19 Urbia noted that all of the meetings were held on March 10th . 20 All affected property owners received letters of these 21 informational meetings each of which lasted about one hour in 22 length. At the next Council meeting, staff will be requesting 23 approval to go out for bids for these projects . 24 25 11 . ADJOURNMENT 6 7 Motion by Madden , second by Werenicz to adjourn the Planning 28 Commission meeting at 8 : 35 p.m. 29 30 31 Motion carried unanimously 32 33 34 35 36 Respectfully submitted, 37 38 39 Jo-Anne Student , Planning Commission Secretary 40 41 42 43 44 45 46 47 48 49 50 0