HomeMy WebLinkAboutPL MINUTES 02182003 Meeting Sheet
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Box: 34
Folder: PL MINUTES AND AGENDAS 2003
Document: PL MINUTES 02182003
1 CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING
5 February 18, 2003
6 7:00 p.m.
7
8
9 I. CALL TO ORDER
10 Chair Melsha called the meeting to order at 7:00 p.m.
11
12 II. PLEDGE OF ALLEGIANCE.
13 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
14
15 III. ROLL CALL.
16 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Hanson,Hoska,
17 Steeves, Stromgren, and Tillman.
18 Absent: None.
19 Also present: Assistant City Manager Susan Hall.
20
21 IV. PUBLIC INPUT.
22 Hearing no comments, Chair Melsha moved forward with the agenda.
23
24 V. APPROVAL OF AGENDA.
4.1 Elect 2003 Chair and Vice Chair.
41 Motion by Chair Melsha, second by Commissioner Tillman, to approve the meeting
27 agenda with the addition of electing the 2003 Chair and Vice Chair.
28
29 Motion carried unanimously.
30
31
32 4.2 Elect 2003 Chair and Vice Chair.
33 Chair Melsha stated he would be happy to serve another year as Chair.
34
35 Motion by Commissioner Tillman, second by Commissioner Steeves, to elect Chair
36 Melsha as 2003 Chair.
37
38 Motion carried unanimously.
39
40 Vice Chair Stille stated he's willing to serve another year as Vice Chair.
41
42 Motion by Chair Melsha, second by Commissioner Hanson, to elect Vice Chair Stille as
43 2003 Vice Chair.
44
45 Motion carried unanimously,
46
•
I VI. MEETING MINUTES.
2 6.1 Review and Approve Planning Commission Minutes of December 17, 2002.
4P Commissioner Tillman stated she would like to include details of who Ms. Pettit was
under IV, Public Input. Commissioner Tillman suggested adding that Ms. Pettit was
5 representing the St. Anthony Housing Group, a group of citizens concerned about
6 affordable housing in the Northwest Quadrant Redevelopment.
7
8 Vice Chair Stille asked that the motion under VIII, Public Hearings, read as follows:
9 "Motion by Commissioner Stille, second by Commissioner Hoska, to recommend
10 approval of the request of Bill Bauske, 261130'Avenue Northeast, for a rear yard and
1 1 side yard variance of 10 feet for a proposed distance of five feet from rear yard and side
12 yard property lines for a non-window mounted air conditioning unit. Not granting the
13 variance would prohibit the applicant from installing an air conditioning unit and putting
14 his property to reasonable use; and that the location of the furnace in the home and the
15 placement of the home on the property was a hardship; and that the home was built in the
16 1920's before the ordinances were instituted; and that this request would not alter the
17 character of the neighborhood."
18
19 Motion by Commissioner Hanson, second by Commissioner Hoska, to approve the
20 Planning Commission meeting minutes of December 17, 2002, as amended.
21
22 Motion carried unanimously.
23
24 VII. COMMUNICATION WITH CITY COUNCIL.
7.1 Designate a Planning Commission member to the March 11,2003 City Council
9 Meetine.
27 Chair Melsha indicated that Commissioner Steeves was available to attend the next
28 City Council meeting on March 11,2003.
29
30 Commissioner Tillman stated that Commissioner Hanson attended the last City Council
31 meeting for her so she could attend her daughter's choir concert.
32
33 VIII. INFORMATION AND DISCUSSION.
34 8.1 Discuss Potential Adult Day Care Amendment to Zoning Ordinance.
35 Susan Hall stated that Health Care Plus, Inc. approached City staff and the City Council
36 on January 14, 2003,requesting an amendment to the City's Zoning Ordinance to allow
37 adult day care in the commercial zoning district. She said the City Council referred the
38 issue to the Planning Commission for further study and consideration.
39
40 Ms. Hall stated that day care for adults is currently not a permitted use in the commercial
41 zoning district, while day care for children is allowed. The City's Zoning Ordinance
42 states that day care centers are permitted where adult supervision and care is provided for
43 three or more children without drive-through facilities.
44
45 Ms. Hall stated that City Attorney Jerry Gilligan attended the January 14, 2003 City
46 Council meeting. She said he was asked if he saw any problems with adding the
amendment;while he did not see a problem with including the adult day care use,he
41 thought size of the facility might be a question to ask. He also said there may be other
49 concerns to address,which is why it was referred to the Planning Commission.
Planning Commission Meeting Minutes
February 18, 2003
n Page 3
2 Randall Strand, a representative from Health Care Plus, Inc. came forward to talk about
3 adult day care use and answer any questions.
4
5 Mr. Strand stated that a licensed adult day care facility would provide services for adults
6 who are unable to care for themselves during the day,but do not need nursing home care.
7 He said most of the clients would be senior citizens needing care during working hours.
8 The care provided would primarily consist of providing activities, light snacks, and
9 ensuring clients take their medications. He indicated these are the same activities found
10 in day care facilities for children. The only difference is the age of the participants. He
11 indicated that as with children's daycare,there would be no overnight stays.
12
13 Commissioner Melsha asked if adult day care centers are State regulated. Mr. Strand
14 said they are State regulated and that several different types of approval would be needed
15 before the State would grant it. He said one of the many requirements includes having 40
16 square feet of space per person.
17
18 Commissioner Tillman asked if there were different levels of facilities for different types
19 of needs. Mr. Strand said there was not,however, there's talk to eventually get to that
20 point.
21
Commissioner Tillman asked if there were special requirements for people with cognitive
0 impairments. Mr. Strand stated when a city gets their license they have to state what
24 kind of individual they will accept.
25
26 Chair Melsha asked if there were different zoning requirements in other municipalities.
27 Mr. Strand said after doing a quick internet search he found that Golden Valley and
28 Eagan have addressed this issue and have adopted it in the same basic district. Golden
29 Valley makes it a conditional use in the commercial district.
30
31 Chair Melsha asked what the timing was for Mr. Strand's client. Mr. Strand said the
32 process of getting it through zoning would take a few months.
33
34 Commissioner Tillman asked if he had a spot in mind for the facility. Mr. Strand
35 responded the Southern end of the City in the North Gate Office Park.
36
37 Commissioner Tillman said she thinks the facility would be a great asset to the
38 community.
39
40 Commissioner Hoska said the facility would benefit the individual attending adult day
41 care as well as their family members. He feels it's important for the elderly to be able to
42 develop friendships as well as have activities to keep them busy during the day. He also
43 said the facility would be an asset to the community.
0 Chair Melsha said his Dad goes to adult day care twice a week and feels adding one to
46 this community would be an asset.
47
Planning Commission Meeting Minutes
February 18, 2003
Page 4
Commissioner Tillman said it would be nice to know specifically what the State
2 regulates.
3
4 Commissioner Stromgren said he would be interested in knowing the State's schedule for
5 day care inspections.
6
7 Chair Melsha asked Ms. Hall to pull the Minnesota rules for adult day care. He said it
8 would provide helpful background information, in addition to seeing how other cities
9 handle it. He suggested discussing this information at the next meeting.
10
11 Commissioner Hanson asked if the adult day care facilities often have a registered nurse
12 on location. Mr. Strand responded that most facilities have a nurse that stops by
13 periodically,about on hour per day.
14
15 Commissioner Hanson asked how the cost for adult day care compares to child day care.
16 Mr. Smith indicated that the cost would be about the same,but he's unsure of the
17 amount.
18
19 Hearing no further questions, Chair Melsha moved forward with the agenda.
20
21 8.2 Discuss Proposed Pawnbroker Ordinance.
Ms. Hall stated that at the December 17, 2002 Planning Commission meeting,the
proposed Pawnbroker Ordinance was discussed. Commissioners at that time made some
24 comments and discussed them with Chris Smith of Dorsey and Whitney. She said Mr.
25 Smith made some revisions to the proposed Pawnbroker Ordinance and is in attendance
26 for clarification and questions. She indicated that Captain John Ohl of the St. Anthony
27 Village Police Department has also reviewed the Ordinance and his comments have been
28 incorporated into the latest draft.
29
30 Ms. Hall stated the Second Hand Goods Ordinance (which is a current City ordinance)
31 should also be discussed tonight.
32
33 Mr. Smith stated he didn't make many changes to the Ordinance following the December
34 17, 2002 meeting. He said he made a few changes to the Pawnbroker Ordinance based
35 on the Second Hand Goods Ordinance, however, they're very similar.
36
37 Mr. Smith reviewed the latest Pawnbroker Ordinance revisions with the Planning
38 Commission.
39
40 Mr. Smith noted that a change was made to Section 566.11 regarding people ineligible
41 for a license. He said there was previous discussion about how to determine a person
42 was of ill repute for denying a license,therefore, more specific language was added. Mr.
43 Smith indicated that similar changes were made to Section 566.17 regarding suspension
or revocation of a license.
6 Chair Melsha asked Mr. Smith to explain Minnesota Statute, Section 364.03 (under
47 Section 566.11)Mr. Smith stated it specifically related to public employment. He said
Planning Commission Meeting Minutes
February 18, 2003
Page 5
individuals could be disqualified for employment by certain occupations licensed by the
2 State if they were convicted of a crime.
3
4 Chair Melsha suggested broadening Section 566.17 to any crime that involves fraud,
5 misrepresentation, and tax evasion. Mr. smith said he could work in the language to say
6 any crime that doesn't relate to the operation of the business.
7
8 Mr. Smith said he added a statement in the Ordinance regarding not being able to sell
9 weapons at the Pawn Shop.
10
11 Chair Melsha asked what the difference was between an investigative hold and order to
12 hold under Section 566.12 (H). Mr. Smith stated an order to hold would be issued by the
13 Police Department at their discursion, in terms of what type of hold to place on the
14 goods. Mr. Smith said both the investigative hold and order to hold don't necessarily
15 need to be included. He said the investigative hold refers to a law enforcement official
16 and an order to hold is only issued by the Chief of Police.
17
18 Chair Melsha asked if an agency in a different jurisdiction could issue an order to hold,
19 or does it need to come from the City's Chief of Police. Mr. Smith stated he believed it
20 could come from a different jurisdiction.
21
Chair Melsha asked about inspection of items under Section 566.12. He questioned if it
was enough for a licensee to give consent to law enforcement officials, in terms of search
24 purposes. Mr. Smith said police could investigate at anytime when dealing with liquor
25 licenses or things that are highly regulated.
26
27 Commissioner Tillman asked about the application renewal under Section 566.08. She
28 wondered if the application would renew by default and the Council would have to take
29 action not to renew, or if the renewal needed to be approved each year. Mr. Smith stated
30 they would have to apply each year and the Council would have to take affirmative
31 action to approve the renewal.
32
33 Commissioner Tillman said the Ordinance stated the Council may grant the renewal
34 application. Mr. Smith said he could add more specific language regarding the initial
35 application in order to make it clear. He said the intent would be for the Council to act
36 on these every year since it's such a highly regulated business.
37
38 Commissioner Tillman asked about restrictions on sale under Section 566.13 (1). Mr.
39 Smith explained it's regarding individuals who are pawning all the time. The concern
40 would be that it's stolen property.
41
42 Chair Melsha suggested tailoring the provision under Section 566.13 (1) to a reportable
43 transaction because a typical second hands good transaction is not reportable. Mr. Smith
(n stated some transactions are reportable and suggested increasing the amount from $25.00.
Planning Commission Meeting Minutes
February 18, 2003
Page 6
Commissioner Hoska asked why there was a reduction in bond from $10,000.00 to
2 $5,000.00 from the old draft to the new one. Mr. Smith said $5,000.00 seemed to be more
3 typical in looking at other ordinances.
4
5 Commissioner Hoska asked to change the wording from"may" to"shall"under Section
6 566.12 (L), Firearms and Weapons.
7
8 Chair Melsha asked how background checks are paid for. Mr. Smith said it's typically
9 part of the license fee a person would pay.
10
1 1 Vice Chair Stille said he would like system maintenance costs to be covered, for
12 example, reporting and monitoring the transactions.
13
14 Mr. Smith reviewed the Second Hand Goods Ordinance. He said many of the provisions
15 are similar to the Pawnbroker Ordinance and the language is similar as well. The main
16 difference is that there is a greater potential for stolen property with a second hand goods
17 dealer.
18
19 Mr. Smith reviewed Section 566.04 relating to garage sales.
20
21 Mr. Smith discussed the sale and receipt of second hand clothing and shoes. He
suggested that these items be subject to the licensing requirements since they can be
16 expensive.
24
25 Mr. Smith reviewed page 11 of the Ordinance regarding reporting items to the police. He
26 discussed the types of transactions that would get reported to the police department. He
27 explained these would be items most likely to be stolen such as sporting equipment, art
28 work, musical instruments,precious metals, gems, and electronic equipment.
29
30 Chair Melsha asked if collectibles were included in the Ordinance. Mr. Smith explained
31 that part of the problem with collectibles is they would be difficult to define since the list
32 would need to be very specific. Chair Melsha suggested qualifying the collectibles by a
33 dollar amount.
34
35 Ms. Hall asked if antiques were covered in the Ordinance. Mr. Smith stated they are not
36 specifically covered. He said some cities have a separate Antique Dealers Ordinance.
37
38 Mr. Smith said he senses from Captain Ohl's letter that stolen property goods should be
39 the focus at this time.
40
41 Commissioner Stromgren had a question about Section 565.13, Item 6. He feels the
42 wording leaves out 90%of items at a place like architectural antiques, many of which are
43 very valuable.
Chair Melsha suggested inviting Captain Ohl to the next Planning Commission meeting
6 in order to hear his direction and concerns.
47
Planning Commission Meeting Minutes
February 18, 2003
Page 7
• Mr. Smith said he will put together a final draft from what was discussed tonight.
2
3 Ms. Hall asked if the new Second Hand Goods Ordinance is at all like the original
4 Ordinance. Mr. Smith said the new Ordinance is a lot more detailed, but he would
5 review the old Ordinance to see if anything should be added from that.
6
7 Hearing to further comments, Chair Melsha moved forward with the agenda.
8
9 IX. ANNOUNCEMENTS.
10 Commissioner Tillman welcomed Commissioner Stromgren to the Planning Commission.
11
12 Commissioner Tillman commented on the January 14, 2003 Council minutes regarding Bill
13 Bauske's variance request. The minutes read that `Mayor Hodson stated he wants to encourage
14 residents to come forward and ask for variances in order to build on their properties'. She
15 wanted to point out that the Planning Commission and Council want people to improve their
16 property,but within the limits of the code. She said residents should ask for variances only if
17 it's an insurmountable hardship.
18
19 Commissioner Hanson welcomed Commissioner Stromgren to the Planning Commission.
20
21 Commissioner Hanson indicated that on February 25, 2003 he will be discussing the potential
changes to the shopping center with the Mayor, the owner of the shopping center, tenants of the
16 shopping center, and the City Manager.
24
25 Commissioner Stromgren thanked the Planning Commission for the welcome and said he's glad
26 to be here.
27
28 Commissioner Stromgren gave a brief overview of his background. He said he works in
29 downtown Minneapolis as an architect and he's lived in the St. Anthony Village area for a few
30 years.
31
32 Commissioner Steeves welcomed Commissioner Stromgren.
33
34 Chair Melsha stated he attended the Northwest Quadrant Open House.
35
36 Chair Melsha said he attended a successful Goal Setting session with City Council and staff. He
37 commented on the remarkable amount of progress that was made towards the 2002 goals.
38
39 Commissioner Hoska welcomed Commissioner Stromgren.
40
41 Commissioner Hoska said he will not be able to attend the Planning Commission meeting next
42 month since he will be in Florida.
43
44 Vice Chair Stille welcomed Commissioner Stromgren.
qPMs. Hall gave an update on the LaNel Financial Group proposal for the townhomes on Kenzie
47 Terrace. She said they're attempting to contact homeowners that own land on Lowry Avenue to
Planning Commission Meeting Minutes
February 18, 2003
Page 8
�-( see if acquiring them would be a possibility. She indicated that four out of the five homeowners
2 are interested in selling.
3
4 Ms. Hall gave a brief update on the potential redevelopment of the Stonehouse. She said Amcon
5 Construction came forward and proposed to construct 26,000 square feet of a retail building into
6 two. It would include a new municipal liquor store as well as a sports bar/restaurant.
7
8 Ms. Hall said the second Public Facilities Open House was held tonight. She indicated there will
9 be another one April 22, 2003. She said the fire station location and the financing
10 recommendation will be discussed.
11
12 Ms. Hall said the Northwest Quadrant Open House went well. She said the Len Pratt
13 development team is working on refining the plan and working out more details.
14
15 Ms. Hall stated that Quest Development owns the Apache Medical Building. She said they've
16 been in contact with the City because they would like to work with Len Pratt Development on a
17 land swap. She said it's also a possibility that they would like to develop their own plan. Their
18 backup plan is to set a residential building next to the Apache Medical Building.
19
20 X. ADJOURNMENT.
21 Motion by Commissioner Stille, second by Commissioner Hanson, to adjourn the meeting at
0 8:25 p.m.
24 Motion carried unanimously.
25
26
27 Respectfully submitted,
28
29
30 Rebecca Roehl
31 Timesaver Of,j''Site Secretarial, Inc.
32