HomeMy WebLinkAboutPL MINUTES 09211999 Meeting Sheet
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Box: 19
Folder: PL MINUTES AND AGENDAS 1999
Document: PL MINUTES 09211999
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1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
SEPTEMBER 21, 1999
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance led by Chair
6 Bergstrom.
7 II. ROLL CALL.
8 Present: Chair Bergstrom; Commissioners Tillman, Hanson, Melsha,_Horst,
9 Hatch, and Stille.
10 Commissioners absent: None.
11 Also present: Kim Moore-Sykes, Management Assistant.
12 III. APPROVAL OF SEPTEMBER 21,1999 PLANNING COMMISSION MEETING AGENDA.
13 Motion by Commissioner Horst, second by Commissioner Hanson, to approve the September 21,
14 1999 Planning Commission Meeting Agenda as presented.
15 Motion carried unanimously.
16 IV. APPROVAL OF AUGUST 17, 1999 PLANNING COMMISSION MEETING MINUTES.
17 Motion by Commissioner Horst,second by Commissioner Melsha,to approve the August 17, 1999
18 Planning Commission Meeting Minutes with the following change:
19 Page 8, Line 10, "opened" is changed to "closed".
20
21 Motion carried unanimously.
22 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE TO THE
23 SEPTEMBER 28, 1999 CITY COUNCIL MEETING.
24 Commissioner Melsha agreed to attend the September 28, 1999 City Council Meeting.
25 VI. PUBLIC HEARING.
26 A. Lona and Robert Doolan, 3511 Harding Street NE; Lot Coverage Variance Request.
27 Chair Bergstrom opened the public hearing at 7:03 p.m.
28 Bergstrom asked for a report from City Staff.
29
30 Kim Moore-Sykes, Management Assistant,reviewed the background of the Lot Coverage Vari-
31 ance Request stating that Mr. and Mrs. Doolan are proposing to construct a deck and patio in the
32 backyard area of their property. Current lot coverage of the Doolan's property.is at 37.5%,which
33 exceeds the City's ordinance restriction of 35%; however,the structures on the property were
34 originally constructed in 1957 and existed prior to the City's ordinances being codified. Mr. and
35 Mrs. Doolan are requesting a variance for an additional 10.5% lot coverage in order to complete
6 the proposed deck and patio.
Planning Commission Meeting Minutes
• September 21, 1999
Page 2
1 Ms. Moore-Sykes stated that Staff discovered, in reviewing the project plans, that the proposed
2 deck extends approximately 3 feet into the north sideyard and thus a sideyard setback would be
3 required as well. Attempts to contact the Doolans to relay this additional information were
4 unsuccessful; however, an option would be for the Doolans to redraw the plans or to address the
5 issue at the October Planning Commission meeting.
6 Chair Bergstrom introduced Mr. and Mrs. Doolan and invited them to address the Commission.
7 Mrs. Doolan stated that they have built substantial gardens in their backyard and would like to
8 build the deck and patio as a way to further enjoy the beauty of the gardens. Mr. Doolan pre-
9 sented a drawing to the Commission depicting the current plans for the deck and patio. Mrs.
10 Doolan added that they had installed additional drains for runoff that corrected any potential
11 flooding problems.
12 Bergstrom commented on the Staff's discovery on the need for a setback and asked Mr. and Mrs.
13 Doolan if that presented an obstacle for them. Mr. and Mrs. Doolan felt that the plans could be
14 modified to alleviate that problem.
15 Bergstrom offered some history on the City's ordinance which regulates impervious surfaces. He
stated that the City is sensitive to granting variances that would increase impervious surfaces in
light of the flooding problems the City has experienced. Bergstrom suggested the possibility of
18 the Doolans constructing simply a deck, as opposed to an impervious surface patio. Ms. Moore-
19 Sykes stated that it was her understanding that the City's Building Inspector would consider
20 decking an impervious surface due to the plastic and other methods used to alleviate weed.
21 growth underneath a deck.
22 Hanson asked if the proposed pond shown in the plans would require a setback. Mr. Doolan
23 stated the pond is not an issue at this point and is only a consideration for the future.
24 Chair Bergstrom thanked Mr. and Mrs. Doolan for addressing the Commission.
25 Janette Jake, 3519 Harding, asked about the City's requirements for a setback. Ms. Moore-Sykes
26 responded that the City required a five-foot setback between the property line and the structure,
27 and a 15-foot sideyard is required.
28 Chair Bergstrom closed the public hearing at 7:16 p.m.
29 Bergstrom stated that, although he would not begrudge individuals from wishing to construct a
30 deck or patio, in light of the City's current flooding problems, it was difficult to support impervi-
31 ous surfaces beyond the City's ordinance.
32
Tillman expressed concern about granting any variances for additional impervious surfaces,but
4R4' stated that she would appreciate providing an opportunity for the Doolans to construct decking.
35 She suggested the possibility of reviewing the runoff from the property in an effort to minimize
36 the effect of installing an additional impervious surface.
Planning Commission Meeting Minutes
• September 21, 1999
Page 3
1 Bergstrom stated that he would be opposed to the project if all aspects were considered impervi-
2 ous surfaces. He would prefer decking as opposed to a surface such as brick; however,
3 Bergstrom would appreciate clarification on the issue of decking being considered an impervious
4 surface.
5 Chair Bergstrom introduced Jay Hartman, Public Works Director, and invited him to address the
6 Commission.
7 Horst asked Mr. Hartman his opinion whether a deck would be consideredan impervious
8 surface. Mr. Hartman stated he was not aware of the history of the City's ordinance,but would
9 agree with Bergstrom that a deck would more amenable as opposed to a hard surface, such as a
10 patio.
11 Horst said he would consider exploring options in order to find a.solution for the Doolans, but he
12 also felt the Commission needed to be sensitive to the City's flooding issues.
13 Mrs. Doolan clarified that the runoff from their property does not flow into the street, but into
14 vegetation planted in their front yard.
Horst stated that if the Commission gives consideration to construction of a deck, a utility should
16 be implemented for directing runoff.
17 Hatch mentioned the possibility of a pervious surface such as gravel. Mrs. Doolan responded
18 that would be a viable option.
19 Horst suggested polling the other Commissioners regarding granting a variance.
20 Tillman said alternatives should be available for Mr. and Mrs. Doolan, yet still address the
21 concern about water runoff.
22 Melsha asked if constructing both a patio and a deck were reasonable because both structures
23 take up a significant amount of space.
24 Stille said it is a difficult situation because the structure was built before the Code was in place
25 and he would like to allow fellow citizens the opportunity to build a deck. On the other hand, the
26 property is useable in its current condition and there does not appear to be a hardship to justify
27 granting a variance. Stille wondered if a compromise was possible.
28 Horst said the discussion should be centered around whether the Planning Commission wishes to
29 recommend to the City Council that a variance be granted for a noncompliance structure that has
been grandfathered into the Code. Horst mentioned that this issue could arise again with other
1 homeowners.
Planning Commission Meeting Minutes
• September 21, 1999
Page 4
1 Motion by Commissioner Horst, second by Commissioner Hatch,to deny the lot coverage
2 variance requested by Mr. and Mrs. Doolan due to the fact that it is an existing situation that
3 could potentially worsen the City's flooding situation and a hardship has not been proven.
4 Voting on the Motion: Bergstrom, Hanson, Melsha, Hatch and Stille voted aye. Tillman voted naye.
5 The motion carried.
6 Bergstrom stated that this issue would be before the City Council at the September 28, 1999
7 meeting and he encouraged Mr. and Mrs. Doolan to attend the meeting. Bergstrom reminded the
8 Doolans that Commissioner Melsha would be representing the Commission at the City Council
9 meeting.
10 VII. OTHER BUSINESS.
11 A. Report from Public Works Director—September.
12 Chair Bergstrom invited Jay Hartman, Public Works Director,to address the Commission.
13 Mr. Hartman stated he would give a brief overview of existing and upcoming projects. Water
Tower Park has been 95% completed, with the exception of minor things such as benches and
tables. Mr. Hartman wished to commend the Parks Commission for their excellent work in com-
16 pleting Water Tower Park. It is one of the first multi-age parks in the City and has received rave
17 reviews. Another project is Silver Point Park at the south end of the City. This park is 99%
18 completed and the grand opening will probably be in the spring of 2000.
19 Bergstrom wished to comment that he was impressed with the ability by Staff and the Parks
20 Commission to achieve the success of Water Tower Park. Ms. Moore-Sykes responded that the
21 Park may be submitted to a competition that the League of Minnesota Cities sponsors.
22 Mr. Hartman continued his report by stating that homes have been purchased at 2713 and 2716
23 St. Anthony Boulevard for overland swales and retention ponds. Both properties are about 90%
24 completed, with bushes and other shrubbery yet to be planted.
25 There have been some improvements in the bleachers of Central Park in the north end. This
26 improvement will alleviate the impact the runoff was having on residents. Seeding has not taken
27 hold in all areas of improvements, but it will be redone if necessary.
28 Mr. Hartman distributed a memo from Todd Hubmer, WSB Associates, that depicted additional
29 projects that are anticipated to be completed in the year 2000. Projects to be undertaken in an
30 effort to provide 100-year flood protection to all St. Anthony Village residents are as follows:
31 (1) Remove existing homes and construct storm water storage basins at 2713, 2700, and 2704
Pahl Avenue; (2)Reconstruct 29'Avenue from Stinson Boulevard to County Road 88. This
3 project will include the complete reconstruction of the street, storm sewer system, watermain,
34 and sanitary sewer system; and (3) Construction of a storm water storage basin east of Harding
35 Street and north of 30`'Avenue NE.
Planning Commission Meeting Minutes
• September 21, 1999
Page 5
1 Mr. Hartman added that there are three projects that are to be completed in the year 2000 as gen-
e eral maintenance and upgrade of the City's transportation infrastructure. These include:
3 (1) Concrete rehabilitation of 33rd Avenue from Stinson Boulevard to Silver Lake Road. This
4 project may also include some sanitary and storm sewer improvements and will be completed as
5 has been done in the past with stamped concrete crosswalks. These types of crosswalks will be
6 implemented into additional projects.
7 (2) Reconstruction of the Silver Lake Road bridge north of 37`'Avenue. The plan is to replace
8 the water main from 37th to Silver Lane to the west side, and incorporate sidewalks on the east
9 and replace the sidewalk on the west.
10 (3) Construction of a new traffic signal at the intersection of 37`h Avenue and High crest Road.
11 Calls from concerned residents prompted the idea for this project. The traffic signal will be
12 beneficial for children crossing the street.
13 Mr. Hartman stated he has been working with a firm on the design for a new public works
14 facility. He will be presenting the plans at the City Council work session on October 5, 1999.
Horst asked Mr. Hartman to clarify existence of storm water basins. Horst said that it appeared
16 that, even though homes were removed on St. Anthony Boulevard, there is simply an overflow
17 area. Mr. Hartman responded that the overflow swale directs water overland across St. Anthony
18 Boulevard and travels to a storm,sewer. Future ponds will be on the corner of Paul and Wilson.
19 Horst asked Mr. Hartman about the status of the reconstruction of St. Anthony Village Shopping
20 Center. Mr. Hartman responded that he had not been involved in those discussions.
21 Bergstrom questioned Mr. Hartman about the residents' objections to sidewalks along 29'
22 Avenue and the implementation of sidewalks along 33`a Avenue. Mr. Hartman responded that
23 there were not any known objections to the sidewalks along 33`d Avenue, as there were for 29'
24 Avenue. He further stated that he believed the residents along 29''Avenue objected to
25 sidewalks because they believed that their yards would be shortened.
26 Hanson said he was aware that Mr. Hartman had submitted the proposed public works budget to
27 the Council, but he wished to know what projects were on Mr. Hartman's short list for the
28 coming year. Mr. Hartman responded that the Public Works Department has many projects, but
29 that projects for the City's parks would be a primary focus.
30 Bergstrom asked about the location for the new Public Works Facility. Mr. Hartman responded
31 that he believed the building would be at the same location.
102
Bergstrom asked Mr. Hartman if additional landscaping could be planted along 37`x.Avenue. Mr.
33 Hartman stated that part of that area is a County road,but he would investigate working with the
34 County on planting more trees for enhancement along 37' Avenue.
Planning Commission Meeting Minutes
September 21, 1999
Page 6
1 Bergstrom asked Mr. Hartman if he was aware of any discussions regarding gateways or monu-
2 ment signs. Mr. Hartman had previously been working on additional monument signs, but the
3 project had been delayed and he would inquire about the status.
4 Bergstrom mentioned that the Planning Commission has considered the green space proposed for
5 the St. Anthony Shopping center to be an excellent public meeting place.
6 Bergstrom thanked Mr. Hartman for addressing the Commission, and commended Mr. Hartman,
7 City Staff, the Parks Commission and City employees for the enormous amount of work.that has
8 been accomplished. Mr. Hartman stated that he believed it would be beneficial for him to meet
9 on an annual basis with the Commission.
10
11 B. Continued Discussion re: Salvation Army Property; Springsted Report.
12 Bergstrom stated that it appeared the property was too expensive for the City to consider a pur-
13 chase, and in any event, it was clear that the Heart of the Earth School was interested in the prop=
14 erty.
15 Bergstrom.stated that the City.would still have some leverage regarding the property because any
IN . - variances or rezoning requests would have to be approved by the City.
17 Bergstrom asked Mr. Hartman about the usage of utilities at the Salvation Army property. Mr.
18 Hartman responded that currently the City provides the property with water and a limited sanitary
19 sewer. Although improvements would need to be made, there are adequate services to provide
20 the property with proper utilities.
21
22 Stille mentioned that the most beneficial tax base would be achieved through a commercial use
23 of the property.
24 Although Bergstrom questioned the assumptions from the appraisal report, he believed it is
25 unjustified at this point to authorize further expenditures to consider purchasing options by the
26 City.
27 VIII. COMMENTS.
28 A. Councilmember Faust.
29 Chair Bergstrom welcomed Councilmember Faust and invited him to address the Commission.
30 Mr. Faust began by thanking all of the public employees, public works, police and firefighters for
31 their superb service to the public. Mr. Faust mentioned a recent incident where two public works
32 employees were able to provide emergency medical assistance to individuals in need. He
33 remarked on the significance of the public works employees being trained in both fire and emer-
�34 gency assistance.
X35 Mr. Faust wished to extend greetings to the Commission from the City Council. He offered that
36 his goal at the meeting as Council liaison was to provide answers to questions and update the
37 Commission on issues.
Planning Commission Meeting Minutes
• September 21, 1999
Page 7
1 Mr. Faust mentioned the issue that had been surrounding the possible condemnation of the
2 Kuharski home at 2709 Pahl Avenue. At the July 27, 1999 City Council meeting, Mr. Faust
3 made a motion to table the condemnation matter and asked WSB & Associates to review other
4 options in light of the Kuharski's objections to condemnation. After a short time, the engineers
5 at WSB were able to return to the Council with a provision for 100-year flood protection as well
6 as a willing-buyer, willing-seller arrangement. It was a win-win situation for both'sides. Mr.
7 Faust clarified that complicated processes take time, and it is worth the patience to consider all
8 viable options.
9 Mr. Faust wished to address the issue regarding sidewalks on 29'h Avenue. He stated that the
10 residents were clear in.their objections for sidewalks, and although sidewalks were in the City's
11 Comprehensive.Plan, the Council considered the residents' opinions in electing not to implement
12 sidewalks along 29`h Avenue. Decorative lighting was forfeited due to the absence of sidewalks.
13 Although the 29th Avenue project has been approved, the Council is waiting until March of 2000
14 to determine funding.
15 Mr. Faust mentioned that he participates in the Association of Metropolitan Municipalities and
16 the League of Minnesota Cities, two organizations that are not publicized often, yet can impact
local government. He further stated that he was instrumental in orchestrating $2 million for
flood relief with the State.of Minnesota, and also for initiating the idea of stamped crosswalks.
19 Mr. Faust stated the conditional use permit was approved by the City Council for The Hitching
20 Post. Bergstrom asked Mr. Faust what had been his concern in voting against the motion for
21 approval of the conditional use permit. Mr. Faust responded that his concern was noise, and
22 some unresolved issues regarding participation in the renovation of the St. Anthony Shopping
23 Center.
24
25 Hanson said he was intrigued as to why the service hours for The Hitching Post were extended.
26 Mr. Faust agreed that issue was interesting; however, he felt that other Councilmembers had a
27 different impression of the proposal.
28 Mr. Faust reiterated that public safety is the City's primary responsibility and that must be
29 accomplished well before other issues can be considered.
30 Melsha asked for Mr. Faust's opinion on the Salvation Army property. Mr. Faust stated that the
31 Heart of the Earth School is close to finalizing a purchase agreement. He reviewed the back-
32 ground of the project for the Commission in stating that, when the property was first put up for
33 sale, the Council formed a committee and a moratorium was placed on the property until options
34 could be explored. However, it is his opinion that the residents and City have determined the
property to be too expensive and that the general view is contentment to have Heart of the Earth
6 School purchase and utilize the property.
37
Planning Commission Meeting Minutes
September 21, 1999
Page 8
1 Bergstrom clarified that the Commission was directed by the City Council to investigate possible
2 uses of the Salvation.Army property and he felt obligated to provide scenarios to the Council.
3 Mr. Faust responded that it would be beneficial to continue to keep in mind possible projects in
4 the event the situation changes with the property.
5 Horst remarked that the City has undertaken many projects and he asked for clarification of
6 funding. Mr. Faust responded that the funding is coming from many different places, and also
7 the City has purposely saved money beforehand. Mr. Faust continued to review for the
8 Commission possible funding sources for the City and the amount of thought and expertise that
9 has been implemented in pursuing funding.
10 Mr. Faust stated that he would hope that representatives from both the Planning Commission and
11 the Parks Commission would attend the City Council's goal-setting session to provide input.
12 Chair Bergstrom thanked Mr. Faust for addressing the Commission.
13 B. Commissioners.
14 Tillman inquired about having a concept review for proposed plans prior to a variance request.
Ms. Moore-Sykes responded that it is an excellent idea to have a concept review first because it
41 helps to alleviate potential planning problems but that it is strictly voluntary on the part of the
17 applicant. Moore-Sykes also said that she advises every applicant to go before the Planning
18 Commission in a concept review before their public hearing. Moore-Sykes indicated that some
19 applicants do not feel a concept review is a worthwhile exercise for various reasons.
20 Tillman asked for an update regarding her prior suggestion of posting the City's minutes from
21. meetings onto the City's website. Ms. Moore-Sykes stated that various options are being pursued
22 about that possibility and a meeting will be scheduled soon with the City of Roseville to view its
23 procedures as that city is currently posting minutes onto a website.
24 Hanson stated that he had been contacted by a Councilmember about a particular business that is
25 in blatant violation of a conditional use permit.
26
27 Bergstrom was aware of the situation and believed there could be additional situations that would
28 require action for noncompliance. Currently, the fire department is handling noncompliance
29 violations, but has been unsuccessful in being able to resolve this particular issue. Bergstrom
30 suggested that the Commission make a suggestion to the City Council to invoke a general sweep
31 of noncompliance issues.
32 Ms. Moore-Sykes stated that the proprietor of the particular business in question has been con-
33 tacted several times, but the issues have not been resolved.
0 Bergstrom asked if the City could revoke a conditional use permit, and Ms. Moore-Sykes said
35 that is a possibility, but it is her belief that the City Attorney would need to become involved.
Planning Commission Meeting Minutes
• September 21, 1999
Page 9
1 Bergstrom clarified that the City Attorney's involvement must be directed by the City Council.
2 Ms. Moore-Sykes stated she would discuss this matter with the City Manager.
3 Bergstrom stated that the Planning Commission would like to ensure that violations of
4 conditional use permits are addressed.
5 Horst left the meeting at 9:30 p.m.
6 Ms. Moore-Sykes,clarified that City-Staff works at the discretion of the City Manager and
7 City Council, and, therefore, it would be the City Council's decision to invite the City Attorney
8 to determine what action can be taken legally against a business to control code enforcement
9 similar to the situation with this business.
10 Bergstrom advised the other Commissioners to consider options and ideas about how to resolve
11 violations of conditional use permits for discussion at the next Planning Commission meeting.
12 C. Staff.
13 Chair Bergstrom announced that Kim Moore-Sykes is seeking a 2-year seat on the New Brighton
40 City Council. Currently, she chairs a Commission in New Brighton.
15 1. Dick Krier; Follow-Up Report for St. Anthony Shopping Center—October.
16 Ms. Moore-Sykes stated that Mr. Dick Krier would be present at the Planning Commission
17 meeting in October 1999 to present information regarding the plans for the St. Anthony Shopping
18 Center.
19 IX. ADJOURNMENT.
20 Motion by Commissioner Hanson, second by Commissioner Stille, to adjourn the meeting at
21 9:46 p.m.
22 Motion carried unanimously.
23 Respectfully submitted,
24 Sue Selseth
25. TimeSaver Off Site Secretarial, Inc.
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