Loading...
HomeMy WebLinkAboutPL MINUTES 11171998 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100879 Box: 19 Folder: PL MINUTES AND AGENDAS 1998 Document: PL MINUTES 11171998 CITY OF ST. ANTHONY • PLANNING COMMISSION MEETING NOVEMBER 17, 1998 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Chair Bergstrom. II. ROLL CALL. Commissioners present: Chair Bergstrom; Commissioners Gondorchin, Kaczor, Makowske, Thompson, and Wagner. Commissioners absent: Commissioner Horst. Also present: Kim Moore-Sykes, Management Assistant. III. APPROVAL OF NOVEMBER 17, 1998 PLANNING COMMISSION MEETING AGENDA. Motion by Wagner, second by Gondorchin to approve the November 17, 1998 Planning Commission Meeting Agenda as presented. Motion carried unanimously. • IV. APPROVAL OF OCTOBER 20, 1998 PLANNING COMMISSION MEETING MINUTES. Motion by Makowske, second by Gondorchin to approve the October 20, 1998 Planning Commission Meeting Minutes with the following changes: Page 1, line 9, add "Wagner" Page 1, line 23, change "Seurek" to "Szurek" Page 6, line 9, change "Wagner" to "Bergstrom" Motion carried unanimously. V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE CITY COUNCIL. Gondorchin agreed to attend the November 24, 1998 City Council meeting. VI. PUBLIC HEARING -None. VII. CONCEPT REVIEW. 1. David Sperry. Buyer-4008 Fordham Drive; Lot Split and Lot Width and Area Variances. Kim Moore-Sykes, Management Assistant, reviewed the lot split and lot width and area variances for 4008 Fordham Drive. Staff have been asked by David Sperry if the City would consider splitting 4008 Fordham Drive, which is 135 feet wide, into two lots, one that is 75 feet wide as required by the City Ordinance and one that is 60 feet wide. The proposed 75-foot lot Planning Commission Meeting Minutes • November 17, 1998 Page 2 has an existing residential structure and the resultant lot would be vacant. Mr. and Mrs. David Sperry, currently residing in New Brighton, have a tentative purchase agreement with the owner, Arvid Johnson, to purchase the lot that would be resultant if the City approved the split of 4008 Fordham Drive. They are planning to build a$130,000 home for themselves on the resultant parcel. The purpose of this concept review is for the Sperrys to meet with the Planning Commission to discuss the proposed lot split and the possibility of obtaining lot width and area variances for the resultant parcel. Staff have met with Mr. Sperry twice to discuss lot coverage restrictions; setbacks, especially sideyards; and lot area requirements. Mr. Sperry was also concerned with the requirement to file the lot split and plat with the County within 30 days of the City's approval. He stated if the Planning Commission and City Council approve his subdivision and variance applications, the closing won't be scheduled until June 1, 1999. Bergstrom invited David Sperry to address the Commission with regard to his proposed purchase • of property at 4008 Fordham Drive. Mr. Sperry stated the sale of the property as negotiated with the Johnson's is contingent upon the split of the lot as well as guarantee from the City of relief from the 30-day registration requirement with the County. Mr. Sperry stated the current owners had intended to build on the vacant lot but their plans were .never realized. He presented a potential site plan to the Commission prepared by his wife depicting the proposed residence. He added he is aware of and intends to comply with the City's setback and 35%lot coverage requirements. Bergstrom asked whether the proposed dwelling meets sideyard setback requirements. Mr. Sperry confirmed compliance with these requirements. Bergstrom stated the Planning Commission and Council have set precedence with regard to approval of variances for lot width and area for new housing. He asked whether the Sperrys had informed the neighbors,on Fordham Drive about their plans. Mr. Sperry stated he has only spoken to the current property owners, the Johnson's,who may have discussed the plans with their neighbors. Bergstrom stated variances are a public process and while informing neighbors of potential plans is not critical, the Commission and Council encourage solicitation of comments from affected neighbors. He added the variance request process includes requesting neighbor's comments from City staff and often such comments often affect the City Council's final decision. • Wagner stated while the City encourages new home construction, the State has required the City Planning Commission Meeting Minutes • November 17, 1998 Page 3 to make it more difficult to obtain a hardship variance. He added he is concerned that it will be difficult to grant this variance on the basis of hardship, since the hardship circumstances were created by the owner through purchase of a subsized lot. Wagner stated City Councilmember George Marks has experience with hardship issues, and might.be willing to offer his opinion on this request. He added he recommends Mr. Sperry consult with the neighbors on Fordham Drive and obtain their comments early in the process. Mr. Sperry expressed his concern with regard to the 30-day requirement for filing of'the lot split with the County. He reiterated his wish that the Council might release him from the 30-day requirement. Bergstrom requested clarification with regard to the 30-day requirement and the closing of the sale of the property. Mr. Sperry drew the Commission's attention to his letter of November 17, 1998 to the Planning Commission and City Council, in which he clarifies that the close is scheduled for June 1, 1999 and he and his wife will not yet be owners of the property at the time of approval by the City Council. • Wagner stated something might be worked out with the City, noting the existence of other 60- foot lots in the City. Bergstrom added there might be a precedence to which the City could refer. Bergstrom summarized the concept review, stating the hardship issue will be an obstacle, and encouraged Mr. Sperry to discuss the proposed plans with neighbors on Fordham Drive as well as Councilmember Marks. Mr. Sperry asked whether a decision would be made by the Planning Commission at this meeting. Bergstrom stated the concept review is an opportunity for the applicant to present his project to and receive feedback from the Planning Commission, after which the applicant should prepare to file the variance request with the City, and be scheduled for a public hearing. He added the Planning Commisions' recommendation would be made to the City Council at their next scheduled meeting after the public hearing has taken place. Gondorchin stated Mr. Sperry is requesting a variance for lot width as well as lot size, and added he has reservations with regard to granting a legitimate hardship. He suggested Mr. Sperry meet with City Staff and Councilmember Marks. VIII: OTHER BUSINESS. 1. Report from Parks Commission. • Parks Commissioner George Wagner reported on the Parks Commission's November 9, 1998 meeting, during which the Parks Commission toured the Water Tower Park site in the rain, and Planning Commission Meeting Minutes November 17, 1998 • Page 4 continued the meeting in the Community Center after a box lunch. He stated a multi-age playground is planned for the site. Wagner stated the City Council indicated July 1, 1999 as a target date for the project to be completed, and a physical survey has been ordered to be carried out the week of November 23, 1998. He added the Commission established a sub-committee to focus on choosing playground equipment for the site. Wagner stated the Parks Commission reviewed the Silver Point Park project which is under way, adding 5 mature trees were removed from the park by mistake and will be replaced. He added the City had received permission from Hennepin County to use Highway 88 for excavation access to Silver Point Park. Gondorchin asked whether the July 1, 1999 completion date for the Water Tower Park site includes installation of equipment. Wagner confirmed equipment will be ordered and delivered by May and in place by July. Bergstrom asked whether a bandshell will be included in Central Park's final configuration as he had seen in previous plans. Wagner stated the proposed bandshell would not be included in the park due to space constraints. 2. Review Comments Re: Proposed Erosion Control/Storm Water Management Ordinance. Bergstrom presented a brief summary of the proposed ordinance changes which he compiled after reviewing comments from WSB and the City Attorney. He asked whether a response had been received from the Rice Creek Watershed District. Ms. Moore-Sykes confirmed no response had been received to date. Bergstrom stated he reviewed WSB's comments with Todd Hubmer, and talked with Jay Hartman with regard to his participation in the process. He added he reviewed the City Attorney's recommendations which attempt to make the language less cumbersome. Bergstrom recommended the adoption of a 2-tiered permit requirement system, and the adoption of a lawn fertilizer restriction which applies only to commercial applications through licensing by the City. He asked whether the City currently.licenses commercial applicators. Ms. Moore- Sykes stated a license is necessary to provide a service within the City but she was unaware whether this applies to lawn care companies. Gondorchin stated a guideline might be established which creates a distinction between service providers such as lawn care, snow removal, and home maintenance and determines permit • requirements for service providers. Ms. Moore-Sykes stated the issue may not be covered in the Ordinance. Planning Commission Meeting Minutes November 17, 1998 Page 5 Thompson stated fertilizer manufacturers should be restricted from the use of phosphorus in their products. Gondorchin stated that natural factors may also be'a cause of erosion, and'enforcement is difficult. Bergstrom requested a consensus from the Commission with regard to the lawn fertilizer restriction issue. Bergstrom invited Mr. Doug Jones to speak at his insistence. Mr. Jones stated vendors have state licenses and could be restricted from using phosphorus fertilizers in the City. He added certain instances require the application of phosphorus to soil which can be determined through soil tests. He reiterated his position that phosphorus,should be banned from the community. Gondorchin stated his support of the lawn fertilizer restriction, expressing his strict opposition to the total ban of phosphorus fertilizers as there is no proof that other factors do not promote the degradation of Silver Lake. Bergstrom stated it will be necessary for the ordinance under question to meet the requirements • of the Metropolitan Council as it relates to the Comprehensive Plan. Doug Jones, 2505 Silver Lane, stated phosphorus is the controlling element in lake water and must be reduced to decrease the chemical mix in the water. He added the Planning Commission should not be concerned with the enforcement of a ban on phosphorus fertilizers as City staff would be responsible for such enforcement. He cited the metropolitan communities of Plymouth and Eden Prairie which have instituted bans on phosphorus fertilizers, adding this encourages suppliers to eliminate phosphorus from their products. Mr. Jones presented his comments on the Planning Commission's recommended changes to the draft storm water ordinance, adding residents should be responsible for controlling storm water on their property. He added a total ban on phosphorus fertilizer applications should.be imposed on areas closest to Silver Lake, and residents in the area support this idea. He stressed the importance of water treatment requirements for commercial sites. Bergstrom thanked Mr. Jones.for his comments, adding the process is on-going and includes opportunities for fine tuning. Gondorchin asked whether any residents on the lake have pools, and where pool water is drained. Mr. Jones confirmed there are 2 pools in St. Anthony and 1 pool in Columbia Heights. He added he has a spa in his house which he drains onto his grass, and larger pools are only drained once every 3 years. • Bergstrom stated the ordinance will be redrafted with the Commission's changes and presented Planning Commission Meeting Minutes November 17, 1998 • Page 6 by Gondorchin at the November 24, 1998 regular Council meeting. . 3. Review Proposed Street Lighting Policy. Ms. Moore-Sykes stated a street lighting policy had been drafted by Jay Hartman, Public Works Director, and discussed at a recent Council work session, at which time Councilmember Dennis Cavanaugh requested the Planning Commission review the policy. She added the policy was drafted in an attempt to formalize and define the City's street lighting criteria. Bergstrom stated the Commission supports the draft policy and related approval form. 4. Review Code Enforcement Report from Fire Chief. Ms. Moore-Sykes presented the Code Enforcement Report from Fire Chief Dick Johnson which Councilmember Dennis Cavanaugh requested the Planning Commission to review. Bergstrom welcomed Johnson and invited him to address the Commission and answer questions. A. Interpretation of Code. Johnson reviewed his code enforcement policy for which the Fire Department has been • responsible for a year, presenting examples of how he deals with code violations at his discretion. He added code enforcement should not be viewed as a form of revenue enhancement..Bergstrom asked whether financial penalties are automatically applied in all cases. Johnson stated citations can be issued in certain circumstances. Bergstrom requested clarification with regard to signs in the public right-of-way. Johnson stated political and other signs must be 15 feet from the curb out of the right-of- way, which varies from street to street. Gondorchin asked whether a tracking mechanism will be put into place to determine repeat offenders and make efficient use of the Fire Department's time. He added Johnson's methods are right on track and meet the City's enforcement needs. Johnson stated he attempted to establish a pattern using 6-7 years of enforcement records,but there was no consistency. Bergstrom asked whether Johnson has anything to indicate that what he is doing is working. Johnson stated the City has fewer junk cars, garbage houses are cleaner than in previous years, and the number of complaints recorded by City staff has gone down drastically. He added he talks to people constantly, gets to know areas and residents, and works things out on a case-by-case basis. Wagner stated he was part of the team which designated the Fire Department for Code • Enforcement, adding he believes it was a good decision. He commended Johnson for his efforts and encouraged him to continue his good work in the community. Planning Commission Meeting Minutes November 17, 1998 • Page 7 Bergstrom asked Johnson to determine efforts which the Planning Commission might undertake to make his job easier. Johnson stated the codes, which are designed to control, must be applied with discretion. He added the Planning Commission should not be involved in code enforcement in his opinion. Gondorchin asked whether Johnson determines code violations through his own diligence, or if residents call to complain. Johnson stated the violations are determined through a combination of both. He used as an example residential yards being converted to natural habitat, which raise many complaints by neighbors. Gondorchin asked whether there should be consideration of a code for the growth of natural habitat which can be unsightly. Johnson stated natural habitat can occasionally cause line-of-sight problems with regard to traffic. Bergstrom thanked Johnson for his comments, and the Commission commended him for his efforts on behalf of the City. • 5. Review Proposed Revision of the Political Signs Ordinance. Bergstrom reviewed the proposed revision of the political signs ordinance, which specifies that political signs are not allowed to be placed within 10 feet from the curb and 10 feet from the property lines. Makowske asked whether the new policy presents any liability to the City. Ms. Moore-Sykes stated there is no liability issue, and the guidelines were designated to create a standard. Motion by Bergstrom, second by Kaczor to approve Ordinance 1999-A, relating to signs amending section 1400.08, Subd. 1 of the 1993 St. Anthony Code of Ordinances. Motion carried unanimously. 6. Memo Re: City's Code Enforcement Efforts. Ms. Moore-Sykes reviewed a November 12, 1998 letter from resident Edward Emerson to City Manager Mike Mornson commending the City for its code enforcement efforts. Bergstrom reiterated the Commission's appreciation of Fire Chief Johnson's tireless efforts and hard work. IX. COMMENTS. 1. Memo from Ci1y Manager Re: Water Ouality Task Force. Ms. Moore-Sykes reviewed an informational memo from City Manager Mike Mornson which • outlines the formation of a water quality task force to focus on water quality issues on Silver Lake. She added the'task force's formation is a result of concerns expressed by various groups Planning Commission Meeting Minutes • November 17, 1998 Page 8 and the City Council requested its presentation to the Planning Commission. Ms. Moore-Sykes stated the task force will be annually renewed by the City Council and will consist of residents of St. Anthony and possibly residents from the communities of Columbia Heights and New Brighton which are also close to the lake. Ms. Moore-Sykes stated Public Works Director Jay Hartman will be Staff liaison to the Water Quality Task Force. 2. Planning Commission Terms. Ms. Moore-Sykes stated the terms of George Thompson and George Wagner are scheduled to end on December 31, 1998. She added the deadline for submittal of letters of interest to the City Council for the positions is the first week in December, and encouraged Thompson and Wagner to re-apply. Thompson asked whether any other applications had been received by the City for the positions. Ms. Moore-Sykes stated she was unaware of any other being received to date. 3. Recognition of City's Crime Prevention Efforts. • Ms. Moore-Sykes stated the City had received a Certificate of Appreciation, presented by an assistant to Senator Rod Gram, in recognition of the City's crime prevention efforts and participation in the "National Night Out" program. She added the presentation is a great honor for the City. Bergstrom asked what criteria were met to qualify the City for the honor. Ms. Moore-Sykes stated there is an application process during which the City provides evidence of crime prevention activities in the community and the effectiveness of preventative measures. 4. Commissioners. Bergstrom requested the Commission's consideration of goals, activities and accomplishments to be undertaken by the Commission during, 1999. He added he would wish a consensus list be decided upon and the Commission to begin working on the list in January 1999. He suggested an item for discussion might be to take a look at the drafting policy with respect to planning. Wagner expressed the importance of being proactive in 1999 with regard to Apache Plaza.. Bergstrom requested feedback from the Commission on the recent joint meeting held with the City Council and Dick Krier. He added his opinion was that commercial development was the only option presented by Mr. Krier who seemed to have made a professional decision based on the market study he presented. Wagner agreed, stating he felt the joint meeting seemed to be a set-up. • Ms. Moore-Sykes clarified that Mr. Krier met with the St. AnthonyShopping Center merchants Y Y PP g Planning Commission Meeting Minutes • November 17, 1998 Page 9 prior to the joint meeting, and in the course of that meeting as well as with the assistance of data provided by City staff, Mr. Krier theorized the shopping center could thrive in conjunction with the Apache area and the Quarry instead of against them. She added the results of that meeting will be summarized for the Commission. Gondorchin stated it was obvious where the meeting was headed, and expressed his disappointment in that respect. He added the efforts seem to be an attempt to delay the inevitable demise of the shopping center. He expressed concern that the rights of citizens be paramount to the assurance of income for retailers, and questioned the marketing data presented by Mr. Krier. Ms. Moore-Sykes stated each retailer provided Mr.'Krier with a map identifying their market area. Makowske stated Mr. Krier seemed to be following his directive to determine whether a retail environment is viable and how to achieve that. Bergstrom encouraged the Commission to continue to think about the potential renovation of the shopping center, adding this opportunity will require more than incremental planning. • Kaczor stated the parking situation on 33rd Avenue is confusing and needs to be addressed to provide consistency for pedestrians and Central Park playground users as well as people parking their cars. Ms. Moore-Sykes agreed to bring the issue to the attention of Jay Hartman. Makowske requested clarification with regard to plans for a movie theater in Apache Plaza. Ms. Moore-Sykes stated the idea is getting a lot of consideration and seems to be a viable plan. She stated the proposed theater would require City Council approval immediately to be built in 1999. Makowske asked whether the Planning Commission would need to consider traffic and parking issues. Ms. Moore-Sykes stated the theater developers indicated parking will not be an issue due to a marketing strategy whereby the theater only sells out 80%of the theaters. She added traffic will not be affected as movies do not begin and end during traditional rush hours. Bergstrom stated the dumpster outside Smart Stop has not been removed since noted by Kaczor in the Commission's October 20, 1998 meeting. Ms. Moore-Sykes agreed to brief Chief Johnson on the City's arrangement with the retailer. Thompson stated he had visited Silver Point Park during construction and was dismayed to learn of the destruction of 5 mature trees. He expressed concern that the storm water management efforts will create many more problems for the City. He advised the cessation of storm water renovations until the Silver Point Park project is proven successful. • X. ADJOURNMENT. Motion by Makowske, second by Bergstrom to adjourn the meeting at 9:15 P.M. Planning Commission Meeting Minutes November 17, 1998 • Page 10 Respectfully submitted, Mary Mullen . TimeSaver Off Site Secretarial, Inc. • •