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2007 - Planning Commission - Agendas & Minutes CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION January 10, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. Oath of Office, Evalina Klein 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES — Planning Commission December 13, 2006 6, PLANNING COMMISSION ("Please bring your materials from last meeting") a) 7:00 p,m. Reopen Public Hearing: To consider amendments to the Spring Park Zoning Ordinance for Section 3, Subd B.6; Subd E.7 (see new attachments); Subd G.6.b. 1. Re-open Continued Public Hearing 2. Discussion & Comments 3. Close Public Hearing • 4. Recommendation to Council 7. COMMUNICATIONS a) February 2007 Calendar b) Building and Sign Report, November 2006 c) 2007 Appointments d) Council Meeting Minutes — December 4, 2006 e) Council Meeting Minutes — December 18, 2006 f) Continued Meeting of the Council — December 20, 2006 g) Special Meeting Minutes — December 27, 2006 8. MISCELLANEOUS a) Memo dated December 20, 2006 regarding Commissioner Anderson's Resignation b) E-mail correspondence regarding filming of PC meetings c) Letter and follow up note to Mary Monteith, Carver County HRA d) Note regarding miss of Laker publication for PC meeting of 1-10-07 9. ADJOURNMENT • Planning Commission Agenda: January 10, 2007 1 S • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION JANUARY 10, 2007 7:00 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Maloney called the meeting to order at 7:00 p.m. followed by the pledge of allegiance. 2. Oath of Office, Evalina Klein Administrator Friesen gave the oath of office to Planning Commission Klein. 3. ROLL CALL Co�rt�E�c► Mork Bredeson, Klein, Mason, Maloney, Tyler and Ex-Officio Hughes were present. Staff present: Administrator Friesen, Deputy Clerk Lewin. Others present: Recorder Corl and Planner Dan Petrik. u b 5b,t 4. ADOPT AGENDA • Motion by Mork Bredeson and seconded by Mason to add item 6.b) to the agenda. All votes were aye. Motion declared carried. Motion by Mason and seconded by Klein to adopt the amended agenda. All votes were aye. Motion declared carried. 5. APPROVAL OF MINUTES —Planning Commission December 13, 2006 Klein noted two corrections/additions to the minutes: page 7 first paragraph last sentence, remove the word "not"; page 9 add "Klein stated they should be fined the $200 for not obtaining the permit before putting up the sign." Motion by Mason and seconded by Maloney to approve the minutes for the Planning Commission Meeting for December 13, 2006 with the corrections. All votes were aye. Motion declared carried. ELECT CHAIR AND ACTING CHAIR Mork Bredeson announced she would be resigning because of her work commitments. Klein said her input is good and she could send e-mail responses to issues. Mork Bredeson said she would resign when a replacement is found. Friesen noted the ordinance states the Commissioners have to elect only a chair. It was noted an acting chair may be needed at times. • Planning Commission — 1/10/07 1 Motion by Mork Bredeson and seconded by Klein to re-elect Maloney as chair. All • votes were aye. Motion declared carried. Motion by Mork Bredeson and seconded by Klein to elect Mason as acting chair. All votes were aye. Motion declared carried. 6. PLANNING COMMISSION ("Please bring your materials from the last meeting") a) 7:00 p.m. Reopen Public Hearing: To consider amendments to the Spring Park Zoning Ordinance for Section 3, Subd. B.6; Subd E.7 (see new attachments); Subd G.6.b. 1. Re-Open Continued Public Hearing Chair Maloney reopened the continued public hearing at 7:10 p.m. 2. Discussion & Comments Subd. B.6 -Non Conforming Buildings, Structures and Uses Petrik stated the previous discussion centered on exempting homes razed for rebuilding. He said the proposed language states homes have to conform if razed or torn down. Beck (City Attorney) issued a memo stating any non conformity may be continued including replacement but no expansion. Petrik said our language needs to be modified. He stated Beck's memo states a house can be replaced exactly as it was but it cannot go up or out. Mork Bredeson verified the structure cannot be expanded elsewhere even if it is conforming, only replace the non conformity. Petrik said there is some vagueness in Beck's interpretation until it is tested in court. He confirmed the property owner can rebuild the replacement only with no adding on. He said we could add the first indented • paragraph with two exceptions indented further in Beck's memo to our ordinance and that language would be sufficient. Hughes asked what "discontinued" really means. He said we have part time residents that leave the City for more than six months at a time. Maloney indicated that is left for some leniency. Klein stated the idea is to lessen the non-conformity and this does not lessen it. Hughes pointed out an example using 2401 Black Lake Road. That property owner would not have had to come to the City with variance requests when he rebuilt his house. Klein saw no need to change our ordinance. Petrik said we might want to clarify it. Klein said we should be loosening our ordinance. Petrik said the City would like to tighten it up but at least this clarifies it. He added language from the state statute is clearer. Petrik said the law allows a city to vary from state statute. They are saying you can give back property rights; the state is trying to protect excessive taking away of property of rights. Mason thought the state was setting guidelines and it was not meant to vary from those and there is a reason why they say what they do. Maloney said, from the City's point of view, this will only help the City and it is reasonable. It is good for us to be clear in our ordinances. Klein said we sometimes want to leave room for interpretation. Petrik said he could come to the next meeting with this in ordinance form. Mork Bredeson stated it suggested that with a non conforming house Is Planning Commission— 1/10/07 2 • there are reasonable reasons that a house could be rebuilt if the house is destroyed; however it is important that we have the freedom and ability to allow a home owner to increase expansion of that home. Petrik said that is a policy decision that starts here. Mork Bredeson said we should have the right to consider a variation. Different scenarios were discussed. Petrik said the City could treat an expansion as a conditional use permit CUP) that would offer some flexibility. We should look at it as a case by case basis subject to agreement of criteria. Klein asked the cost comparison between a CUP and a variance. Mork Bredeson said if the homeowner can rebuild a nonconforming structure we would like to provide flexibility under individual review. With a variance a hardship has to be proven and this could be difficult versus the CUP process. There is more flexibility in the CUP process. Petrik said we need to have criteria in the ordinance and we need to have evaluative criteria. Maloney recommended tabling this to the next meeting. Mork Bredeson requested examples of criteria to use to evaluate expansion. Hughes noted a variance approval requires a 4/5's vote from the Council and a CUP requires a majority. Subd. E.7—Average Shoreland Setback Petrik said the current ordinance requires averaging of two adjacent structures. The structures may go to the fifty foot setback and if adjoining properties are closer the middle structure could go closer to the shoreline than 50 feet. Maloney asked if two • houses set further back could the middle house go up to 50 feet. Petrik pointed out that is where averaging takes place. Mason said the original intent of the ordinance was requested. Petrik said people wanted to preserve their property line and that was the prevailing concern at the time. Mason asked how many properties were impacted at that time. Maloney referred to the pictometry and said some of the set backs are really large. She said to think of the expansion that would take place if people could really move closer to the lake. Petrik said the purpose was to think of ways for reinvestment in properties. Bill Turner, resident, said he has spent a lot of time and money remodeling his house. The ordinance protects investment in houses today and if people are allowed to go forward toward the lake it would change the investments the neighbors have in their homes. Mork Bredeson asked the stimulus of this exercise. She was told it was the situation on Black Lake Road. Maloney would like to see a small deterrent from the average i.e. 10 feet. Turner said the property owner could use the variance process for that. Maloney pointed out sometimes a neighbor cannot prove a hardship. Turner pointed out the property owners that are obeying the rules and we should not have the rules changed on them. Mork Bredeson stated she sees no need to change the ordinance. Hughes pointed out the reason for the study was to find out the impact on the City. He agrees on Sunset Drive where the lots are larger the impact is different than where the lots are significantly smaller. Petrik stated the current ordinance uses averaging for the lakeshore. Maloney • Planning Commission — 1/10/07 agreed on Black Lake Road the distances are really shallow but a staggered look is not • bad if it isn't extreme and a ten foot move is not going to affect anyone's view. Petrik said that gives someone a little flexibility. Mork Bredeson, Klein and Mason were in agreement to leave the ordinance as it is. (Mork Bredeson excused herself from the remainder of the meeting.) Subd G.6.b -Driveways Petrik said the ordinance now states driveways must meet structure setbacks including a ten foot side yard setback. He pointed out Brixius said words were left out and this is part of the ongoing process of keeping the ordinance that provides a service to residents. Turner stated in every community there are established driveway setbacks. He discussed his neighbor's scenario with his driveway and said we do not have to change the ordinance for everyone that has a previous history and the proposed ordinance change is to accommodate a few people. Klein verified the driveway came up in a lakeshore discussion. Petrik said the proposed change is intended to clarify driveways are not allowed in the shoreline impact zone or meant to say driveways are not to be in the 50 foot setback. Petrik said all roads and driveways must meet the setback with the ordinary high water mark. Klein saw no need to change the ordinance. Maloney pointed out some driveways are in that setback. She asked what happens if a person rebuilds and their driveway is on the property line. Petrik said he would interpret the driveway could stay. Hughes pointed out a vast majority of driveways appear to be on property lines. He said the driveway is the area coming off of • a City road and leads up to the garage or place to park a car. The point is the definition is it leads to a designated parking area. He pointed out existing curb cuts and they all are what would appear to be on the lot line and those driveways are leading to a garage or place to park a car. Maloney said it would make sense to allow some driveways on a property line. Turner described his neighbor's property is on a corner lot and he moved his driveway to the other street and on the property line abutting his property. He should not have been allowed to do that. Changing this ordinance would impact people that are starting with a clean slate on their property. Maloney said her concern is a nonconforming property and at what point when rebuilding is their driveway nonconforming. Klein stated 90% of the City is already nonconforming why change the ordinance. Storage in driveways was briefly discussed. Hughes said we need to separate driveways from storage and review City storage of recreational items another time. Maloney said if we are not allowing new driveways on property lines, we should not allow storing on driveways. Petrik stated this is not an ordinance of what can and cannot be allowed in storage on driveways. Mason asked Turner about his scenario and this was briefly discussed. It was noted this situation has been given to the City attorney. Hughes referred to the property at 2406 Black Lake Road and that driveway was^placed over sewer and water lines. He said the • nct Planning Commission— 1/10/07 4 • City took appropriate action and displayed a proactive approach with new construction. Klein said the residential storage issue should be discussed at a regular meeting, not as part of our advertised public hearing. Maloney noted so far the Planning Commission is not making any changes. Klein said they still have to make a recommendation. Petrik said we could continue the public hearing on the nonconforming issue to the next meeting and the Commissioners agreed. 3. Close Public Hearing Motion by Klein and seconded by Mason to close the public hearing at 8:22 for the driveway and parking issues and continue the nonconforming structure issue to the next meeting. All votes were aye. Motion declared carried. 4. Recommendation to Council Motion by Klein and seconded by Maloney to recommend to the Council no changes to the ordinance on parking and driveways (sect. 3, Subd G6.b). All votes were aye. Motion declared carried. Motion by Klein and seconded by Maloney to recommend to the Council no changes to the ordinance on the average shore land setback (Sect. 3, Subd. E7). All votes • were aye. Motion declared carried. Klein clarified the public hearing was published but not the reminder note to residents. Maloney expressed concern with getting the public to the public hearings. 6. b) Reopen Public Hearing: To consider amendments to the Spring Park Comprehensive Plan 1. Re-Open continued public hearing Chair Maloney reopened the public hearing at 8:26 p.m. 2. Discussion and comments Petrik stated we should put the guidelines that are in the Comp. Plan in the zoning code because they are more enforceable if they are in the code. He said there is an interim strategy and a long range strategy. The recommended directives are toward new construction and new development; the new language in the Comp. Plan describes our commercial district and design guidelines that would apply to any building that expands by less than 20% and if over that it would be considered reconstruction. Klein verified this was just in commercial areas and not residential. She said there are residential structures in commercial areas. Petrik said he should clarify this is not intended for a residential structure in a commercial area. Klein said she would like more Commissioners present to discuss this and more time to review this. Maloney pointed out the changes being presented have been covered Planning Commission — 1/10/07 5 extensively in workshops. Petrik said he is trying to complete this with the • moratorium. Maloney stated we can always make changes at another time. Hughes asked the implication of passing this when we have to redo our Comp. Plan next year. Petrik said this would be ready when we have to implement the new Comp. Plan. and this a procedure to meet the Met. Council deadline. They comment and have cities review each others plans. Petrik said we would have some kind of policy in place if something like redevelopment in a commercial area would come before the City. Maloney asked if we want more time to study this or make a recommendation to the Council. Petrik said the downside would be not to approve this and we would not have strong controls in place if someone wants to redevelop a commercial area. Maloney said it is concerning we do not have areas covered and we should want to get something in place. Friesen said the Comp. Plan is a guideline and not as restrictive as an ordinance. It was noted Lord Fletcher's Restaurant no longer has parking on the railroad property. Petrik covered the highlights in the interim strategy and said it applied to buildings expanding on the site less than 20% of the current size. The guideline encourages expansion towards Shoreline with buildings closer to the street and parking on the side to create green space between the building and street; establish minimal architectural standards to enhance sides of buildings facing the street; establish performance standards for outdoor sales and storage; establish a physical separation • between the on site parking and sales and display area. The long range strategy is more specific. It encourages forward movement with commercial buildings and specific architectural standards i.e. we do not want any metal panels, etc. and do want high quality commercial type materials; at least two complementary exterior colors are used on each facade with no one color exceeding 70% ; encourage variable roof lines, cornices, parapets; roof top equipment should be screened from the street and lake; building height along Shoreline Drive shall be managed to mitigate the impact of taller buildings i.e. no structure shall exceed three stories or 40 feet and the first floor facade should compliment the building adjacent so they are not out of scale with each other; promote parking lot design that is functional and pleasing; decorative fencing and landscaping along Shoreline Drive. 3. Close Public Hearing Chair Maloney closed the public hearing at 8:57 p.m. Friesen noted recommended changes to the Comp. Plan require 5 out of 7 votes on the Planning Commission. She read that portion of the ordinance. Motion by Maloney and seconded by Mason to move to the Council for consideration, because the Commission does not have a required five votes, changes to the Comp. Plan with the exception of removing Lord Fletcher's off site parking on the railroad property and clarify that any requirements in a • Planning Commission — 1/10/07 6 commercial district do not apply to a residential structure located in a commercial district. Two votes were aye and Klein voted no. Motion declared carried. In another matter Mason said the City should look at the 11,000 square feet designated for commercial space in the north building at the Mist Lofts. He said it is now an exercise room and offices. Hughes said we should look at the plan to see where there exercise room is supposed to be located and offices are considered commercial space. Petrik said the next agenda should be a 2007 goal setting session. 7. COMMUNICATIONS The following communications were noted: a) February 2007 Calendar Changing the Planning Commission meeting day was noted and it was decided to wait for more Commissioners to be present and or approved. Hughes stated a change would give staff another day to prepare materials for packets. It was noted a cut off date to submit materials for packets should be set. The Commissioners present offered no comment. Chair Maloney left the matter lie. b) Building and Sign Report,November 2006 c) 2007 Appointments d) Council Meeting Minutes—December 4, 2006 Klein asked about the subordination agreement for Petron. Friesen said it is a low interest loan for home repairs and it is a procedure for it to go to the Council. e) Council Meeting Minutes—December 8, 2006 f) Continued Meeting of the Council—December 20, 2006 g) Special Meeting Minutes—December 27, 2006 8. MISCELLANEOUS a) Memo dated December 20, 2006 regarding Commissioner's Resignation b) E-mail correspondence regarding filming of PC meetings c) Letter and follow up note to Mary Monteith, Carver County HRA Mason stated Tyler needs to do background work himself and talk to someone so he could present it to the Commission to relieve some burden on the staff. Hughes said this would be a low priority item for the Council. Mason pointed out would be a Planning Commission project. d) Note regarding miss of Laker publication for PC meeting of 1-10-07 Mason referred to a particular sign on the Tonka Ventures building, 4144 Shoreline Drive. He said that sign does not conform to the rest. He said that sign was put up without approval from the Planning Commission. Maloney referred to the sign for Terra North, 4400 Shoreline Drive. She said this is not the sign he described he was going to put up. The signs on that property were briefly • Planning Commission — 1/10/07 7 discussed. Friesen said the ordinance is conflicting regarding those signs. Mason said he asked Yanik if he was going to have storage on his property and he indicated no but there is outdoor storage on his property now. Hughes requested that all Planning Commission meetings be recorded digitally. If there are questions such as those just mentioned, the situation can readily be taken care of. Motion by Maloney and seconded by Klein to digitally record all of the Planning Commission meetings. All votes were aye. Motion declared carried. 9. ADJOURNMENT Motion by Klein and seconded by Maloney to adjourn the meeting at 9:29 p.m. All votes were aye. Motion declared carried. RECORDER SHARON CORL SARAH FRIESEN ADMINISTRATOR/CLERK/TREASURER Planning Commission— 1/10/07 8 CITY OF SPRING PARK SPRING PARK, MINNESOTA A AGENDA PLANNING COMMISSION FEBRUARY 14, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. OATH OF OFFICE: Neve and Dove 4. ADOPT AGENDA 5. APPROVAL OF MINUTES — January 10, 2007 6. PLANNING COMMISSION a) Informational Meeting - Trailhead 1. Discussion & Comments a) Memo from NAC dated 2-8-07 b) Option 1 a c) Option 1 a Section d) Option 1 b • e) Option 1 b Section 2. Recommendation to Council 7. COMMUNICATIONS a) March Calendar b) Building and Sign Report c) Council Meeting — January 16, 2007 (Not included as not completed) d) Joint Meeting Minutes — January 29, 2007 8. MISCELLANEOUS a) Christmas in May, Chaska Material b) Fee Statement and Ordinance showing variance vs. conditional use fees c) Set Goal Setting session for 2007 to cover: 1. Sign ordinances 2. Affordable Housing Review 3. Residential Outside Storage d) Previous Sign application for CFM e) Note - Recommendation to Council on Comprehensive Plan Amendment: Rescheduled due to informational meeting in March f) Anderson and Sippel Recognition delayed to March Meeting • 9. ADJOURNMENT Plan. Comm. Agenda — 02-14-07 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PLANNING COMMISSION FEBRUARY 14, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. OATH OF OFFICE Swearing in of Graham Neve and Norina Dove. 4. ADOPT AGENDA 8e and 8f, Chair Maloney questions if 8e and 8f are correct and told yes, they are rescheduled to March See item #5 later in the minutes. 6. PLANNING COMMISSION a) Informational Meeting - Trailhead 1. Discussion & Comments • Al Brixius from NAC said this area is unique. He said in Resolution 06-21 the Council asked for local considerations in establishing a trailhead with 100 parking stalls. Brixius said it's been determined that 100 parking stalls are impossible. A workshop in January identified what options they were looking for. He said expandability, parking and parking in general with regard to shortages were to be looked at. Brixius explained the physical constraints are evident. There is the dimension of the rail corridor and an easement to allow underground parking for Lakeview Lofts had to be achieved. Brixius said the County was asked about parking in relation to the trail and the County did not know at that time what they were going to be doing. He said they do know they don't want encroachment into the 100 foot corridor as it is being preserved for mass transit. Brixius said the second element is the location of the bike trail. He said the consultant for the County wants to locate the trail on the railroad bed in order to minimize trail corrections. He said the area between the bike path and the northern boundary is 38 feet. If light rail comes in, that area is being reserved for a boarding pad for the light rail transit. Planning Commission Meeting February 14, 2007 Page 1 Brixius said options 1 a and 1 b are similar as they are double stacked parking configurations. He said the original concept had a 6 foot separation and there • were concerns in regards to the balconies and the parking area. While dealing with limited space, accommodations were made to take into consideration the concerns. Brixius explained the drawings and the concern regarding Lakeview Lofts. one drawing shows the line of vision and how the elements have been attempted to be screened. The line of site evaluation is being presented for the residents of Lakeview Lofts. He said option 1 shows 31 spaces along the building and 25 spaces on the north side. They also need to establish stormwater treatment and additional landscaping. They are attempting to establish a community type garden as well. Brixius said option b has the same constraints but shows different phases. There are 21 parking stalls but at the edge. He said an important feature is the cone of vision will allow for seeing parked vehicles. The ambitions for the area are concerns about other parking. While parking demands are being met for the uses there are extraneous parking needs as well. There is a lot of parking associated with boat usage at the ramp and guest parking may be compromised. Guest parking is being addressed as well as commercial needs. The County thinks 10 spaces for trail users and 5 spaces for the transit will suffice. Brixius said security and maintenance are also concerns and who will govern this. • He said the display is intended to give the city a starting point for negotiations with the county on where we want this to go. He said it is to be addressed in a phase fashion with flexibility being built in. Questions. Maloney said she would like explained the possible financial costs. Brixius said in talking with Three Rivers, six spaces were figured for the trailhead and another six spaces were added because Minnetonka Beach doesn't want theirs. So, a starting point of negotiation was 17 (6+6+5) spaces at the location and it would be the County's responsibility. He said the plan being looked at however has additional parking so the balance of those improvements could fall to the City. It could be $2,500-3,000 per parking stall. There is a question about bathrooms and drinking fountains. Brixius stated this has been discussed. He said amenities need to be considered in order to accommodate user needs. The levels of responsibility has not been negotiated yet. There is a question regarding what the City's responsibility will be. Brixius said right now it's approximately $125,000 and that's a ballpark. Planning Commission Meeting February 14, 2007 Page 2 There is a question regarding the 17 County spots and wondering if they would • be posted spots for trail use only. Brixius said at this point they're not sure. There is a question regarding parking and a concern about it being used as Rockvam's overflow parking and the Mist parking too. There is a question regarding the Hennepin County Public Works lot and why that can't be used. Brixius said there is definite concern regarding boaters taking the first parking spot they can get. Mary Ann Thurk said as a resident of Spring Park, she wonders how she'll benefit. Brixius said parking and shortage of parking is a problem. He said it has to be made up by private property owners. Brixius stated they don't want to ignore this area for 20-30 years before the County gets around to light rail. So this is meant to be interim staging before light rail transit goes in. There is a question and concern about boat trailer parking and Brixius said it won't be designed for trailer parking and it could be posted as such. There is a question regarding who will enforce the parking and wondering if local police can in fact enforce the County's property. Brixius said these are things that haven't been determined yet. He said we would assume it would be policed by Orono Police but, it's part of what needs to be discussed. • Brixius said with the investment being what it is and the phasing process, there are alternatives that are more or less appealing. These are things the City is looking for right now and looking for feedback. Maloney asked Brixius to explain if the City didn't invest in the additional spaces, she wondered if the County would go forward with the 17 spaces and Brixius said he's not sure right now. There is another question about the HC public works facility asking why this area can't be used. Brixius said costs and responsibilities have not yet been negotiated. Conservative, yet high end amenities were included because it's important not to underestimate. He said included in this are the costs of picnic tables, restrooms, lighting and parking lot components. There is also some stormwater management. Mason asked if Brixius could elaborate on the cost breakdowns. There is a question and concern about lighting regarding the West Arm townhomes. Brixius said lighting has been identified and sensitivities of lighting and the impact on adjoining properties. He said it will be directional, glare controlled, down lighting and this is as a result of recent concerns regarding nuisance lighting. Planning Commission Meeting February 14, 2007 Page 3 There is a question about how people should be aware there are 600 parking • spots available and the concern should be too many cars with available parking and it being a destination. (Note: believe the person speaking thought the private lot south of Lakeview Lofts was public parking and HC public works lot.) Brixius said the traffic is there now and the feeling is the best way is to deal with it is provide them spaces rather than not providing spaces. Brixius said he doesn't think the traffic issues are going to change. He said if we feel congested now, the focus should be on providing relief. Hughes asked Brixius to highlight the City owned parking within the City of Spring Park. Brixius illustrated the general vicinity parking along Spring Street. He said there is some located by Tonka Ventures but the lot in front of Lakeview Lofts is private. He said parking to the west of Lakeview Lofts is also owned privately. He said The Mist has parking but once again it's dedicated to The Mist. There is also some on Del Otero. Hughes said he thought there are about 18 spaces on Spring Street. He also believes there are eight or nine in back of Storlie's building (4032 Shoreline Drive) and, in the area of The Mist, possibly three stalls on City property. There is a comment about attracting more congestion when word is out that there is additional parking and do we want to encourage this. Brixius said again, if the congestion is there, the focus should be to do the best to accommodate it. • Brixius said we're dealing with a destination. There is a question and concern about restrooms and picnicking and whether these are definite or are they asking for input now. The person was told it is the desire of the Planning Commission to learn this evening what residents would like to see happen. There is a question from West Arm Drive resident regarding the arborvitae hedge already in place along the trail and the fact they were told there was a possibility of a fence next to the hedge for security purposes. There is a question about metered parking. Brixius said this is a possibility. This could generate revenue and also discourage long term parking. The Lakeview Lofts representative has input from residents of the Lofts and it is in written form and he would like to read it at this time. There is a concern about the method of paying for this. He wants to know how will the funding be handled, and wondered if it would be assessed. Brixius said it's all preliminary at this point. He said cost sharing has not been discussed and it's premature at this point. The representative asked what would the source of City funding be and Brixius said probably out of the general fund, reserves or along with the County. Planning Commission Meeting February 14, 2007 Page 4 Maloney commented that it's one of the reasons why it's a phasing process so • the costs can be spread out. Klein asked about the possibility of additional amenities and the County paying for these things. She wondered how the County can be convinced it's related to trail use and not boat ramp use. Brixius said typically you start big, negotiate and get what you get. Brixius said there are a lot of people involved in this, the County commissioners, the rail authority, waterpatrol. Brixius said Three Rivers is responsible for trailhead components and some of components might be bike racks, kiosks, benches, etc. He said this hasn't been determined yet. Landscaping will probably be a City expense and lighting would probably be just the basic if the County provided it. He said differentiation needs to be discussed. The approach will be the City will tell them they pay for it all and then hope to negotiate. There is a comment about litter along the trail and it being a continued nuisance. Brixius said the next steps are to go forward. There's been an open house, there's been a workshop and now tonight the open hearing. Strategies have been discussed and will be brought to Council and then it will go to the County. Brixius said the meeting will be represented by all agencies. There is a question and concern about restrooms and the community garden • space. West Arm townhomes has a security concern and wants a fence. Maloney reads a letter from Roger Swanson, a West Arm Drive resident. He said he is in favor of option 2 and they are opposed to restrooms and don't want overnight parking. They're also concerned about lighting and the community area. A resident of Lakeview Lofts said most of the residents are supportive of the 17 parking spots but located as close to the trail as possible. He said the area immediately to the north of Lakeview Lofts is already landscaped and there is money set aside for trees that are supposed to be put in. He said the Lakeview Lofts' position is the trail improvement, parking and some trash receptacles and nothing else. He said the parking needs for this area seems to be shoehorned in between two prime real estate parcels. He said the need for additional parking is an assumption. Lakeview Lofts residents feel it's inappropriate and could be a bait and switch. He said they support the trail, the minimum number of parking spots located up against the trail and that's it. He said Lakeview Lofts will aggressively resist anything beyond that. Maloney wanted to clarify that the support is for 17 parking spots being proposed up against the actual trail. The representative said there might be some support • Planning Commission Meeting February 14, 2007 Page 5 to go to 29 spots in order to finish that row of parking. Maloney said if the parking spots are up against the north side, it looks more like it's for trail use. . Brixius said the County boat launch facility doesn't require any additional spaces and won't ask for them. He said that facility is actually a shorter distance to walk to from the launch. Someone in the audience said there is concern that this is for Rockvam Boatyards. Brixius said this is unfounded and there will be local interest for parking availability. Someone in the audience said these assumptions are unverifiable and in conflict with the new residents that have made a significant investment in their residences and they are now faced with commercial development being shoehorned in between these two high-end residential areas. Brixius stated it has been an effort to provide additional parking and these discussions have been going on for a long time. Mason said he agrees with what the residents are saying here tonight and there is a cost factor to consider. He said he doesn't think residents will benefit that much and he feels it isn't fair for the City of Spring Park to foot the bill. He feels there are other projects that are far more important. Mason said $80,000 has already been spent to improve the road. Mason said this was money that wasn't supposed to be spent by the city and there's a lot more money to be spent. Mason stated that the County needs to pay their way. Klein asked about Brixius's experience regarding trailheads and wondered if it • can be posted for trail parking only. Brixius said Three Rivers hasn't been approached yet regarding posting the parking spots and right now it's more about how many parking spots and where these parking spots should go. Maloney has a speculative comment and said if we are able to draw people in our city because of the trailhead it might draw in business ventures to come to Spring Park. She said it could generate interest in businesses locating here. Maloney said she is in support of the 29 parking spots because it makes more sense to build now versus building part of it now and then building more later. There is a question and a concern about crossing the trail and safety. Brixius said that is going to be a County issue and it's a very good point. The County is going to have to come up with a solution for safety and crossing issues. There is a question and a concern about traffic stopping on Sunset or will people on the trail have to stop. Hughes said there is discussion regarding the access points and likely it will be right in and right out only with the median extended. Someone said they think we should attempt to draw people into our community and we should do everything we can to utilize our City. • Planning Commission Meeting February 14, 2007 Page 6 Someone asked if there will be another meeting on this. Brixius said tonight's the • night. He said the County is moving forward so we need to have our plan in order. Mason said he thought there's a County meeting tomorrow. Brixius said he's looking for a recommendation from Planning Commission to take to Council in order to start working on what the City is going to ask for. A member of audience is confused and said it sounds as though it's already been decided what the City wants and he wonders why they're even here tonight. He thinks it's wrong and feels the City has already made a decision. Brixius said the County is moving ahead and we need to have a consensus with direction. Klein said it's necessary to have a starting point. Audience member said the County intends on paving the trail this summer and there is concern that's all that will be done. The fear is the County won't come back to do anything else so a plan needs to be in place now. Audience member said he feels a credible job has been done exposing residents and asking for input. This person said this is the fourth or fifth meeting he's been to about this. Maloney said there has been a big attempt to get the word out and there was a lot of publicity about this meeting. Hughes said the Council has been working with City staff to publicize these events. They have been published and it has been diligently attempted to notify all residents of Spring Park. An audience member said he still feels they are being rushed. Hughes said this has been in the works for about a year and a half and the Council meetings are televised and available for viewing. • Brixius stated the County doesn't have plans for anything beyond the trail and they would be happy to not invest or change the basic appearance. They don't have deep pockets. The City has told them we want more than a basic trailhead. We want more amenities than basics. Hughes stated he thinks 50% of the people have spoke and perhaps there are others that would like to speak. Maloney asked if there are others that would like to speak. Maloney thinks the majority like option 1 b and is supported by Lakeview Lofts. She's getting a mixed feeling on the number of spaces. Tyler stated as far as the trailhead is concerned, he pictured a nice park, pictured it to be not commercial, not a lot of striped blacktop, a few spots to accommodate residents that might drive their vehicle to get on their bikes to use the trail. Nice trees and landscaping. As far as more spots for potential business development, if it can be picturesque and clean, it can help all of us and increases all property values. Tyler feels if it's done well, it can be a nice thing for the City. Brixius said we're looking to relieve additional parking demands and overflow. That's the direction that's being explored. It's a phased parking configuration of 29 spots and if demand exceeds supply, there is opportunity to move forward. Planning Commission Meeting February 14, 2007 Page 7 Member of the audience from Lakeview Lofts would like to recommend that nothing is done to slow down the paving and improvement of the trail as that • would be detrimental. Brixius said he's in total agreement with that. Mason understands this would not hinder the paving of the trail. Bickman (introduced himself) is concerned about commercial development and doesn't think it's necessary that the City should worry about providing parking spots for them. Bickman said the County should know how many parking spots they anticipate the demand will be. He said there are a lot other places for the City to spend their money such as the many roads that need improvement. Klein wants to reiterate that the two developments and the parking issues were discussed and the needs have been addressed and now the trailhead needs to be discussed. She doesn't believe there is a high demand for parking spots. She has not had a parking problem. A member of the audience wants no bathrooms, no picnic tables and no hangout spots. He doesn't believe more than 17 spaces are needed. Maloney asked for a recommendation and a consensus. Tyler said he thought he heard Maloney suggest that 29 spots might be more aesthetically pleasing rather than the 17 because of the continuity. He said the audience thinks it looks as though it fits better and although 17 would be preferred, it looks a little better on paper to spread the spots out. Tyler makes a motion and Dove seconds for option 1 b with 17 spots. • In discussion, Mason requests to amend the motion to state the City does not participate in paying for these improvements and Tyler accepts that amendment. The City will not make additional investment above and beyond what would be provided by Three Rivers Park. Brixius asked for clarification about landscaping and lighting and Tyler said his motion is specifically for the parking lot. Klein seconds the amendment. Mason said he could go along with the Tyler's motion provided the County actually pays for the 17 spots and Maloney wondered if the City would participate in landscaping. Mason said there's already $12,000 in money from Frostad that the County has. There is concern that these 17 spots could just be graveled and not paved. Brixius said beware, it's still the County's property. Hughes said the recommendation is confusing and needs clarification. He asked does the recommendation state only 17 or 29, if the County pays and no taxpayer dollars to be added? Mason said it acceptable as long as the City doesn't have to pay. Tyler said his motion is for 17. 2. Recommendation to Council 10 Planning Commission Meeting February 14, 2007 Page 8 Brixius said the recommendation should be about the design. The final decision about expenditures will be from an elected board. Rollcall, Klein, Mason, Tyler, • Neve, Dove, all yeses, Maloney nay, motion carries. Brief Recess. Back in session, 8:49 5. Approval of Minutes: Tyler was not at the last meeting and should be removed from the minutes as �(�A i o� such. Klein said on page two, the last paragraph, Petrik said he could come to ICI'' 0 the next meeting and she said he's not here. (Note: Petrik's attendance at K r e 4 Yl 0,Sr meeting wasn't relevant because of trailhead discussion.) e4r \� w cru-►d !�c Friesen said regarding 8e on the agenda, businesses should be informed about r ,n e I" the proposed changes in the comprehensive plan and this will be brought to the Planning Commission meeting in March. Motion by Klein and seconded by Mason to approve the minutes. Motion declared carried. CLLC-14 7. Communications � Mn a) March Calendar— Maloney wondered about workshops. Friesen said the ��v u.A-,�wv� moratorium hasn't been scheduled and we're hoping to piece these things • together. b) Building and Sign Report c) Council Meeting — January 16, 2007, (Not included as not completed.) d) Joint meeting minutes. 8. Miscellaneous: a) Christmas in May Program Klein requests that be tabled to the next meeting and bring some thoughts. Tyler would be willing to lead a small staff and explore it. Do we start small or extend it to other communities. Thinks it could be explored and he would lead it. Klein will be a part of it. Friesen stated it will be brought up to Council to see if someone from the Council would like to participate. It doesn't have to be Christmas in May, it can be something else. b) Fee Statement and Ordinance showing variance c) Set goal setting session — set at a later date d) Previous Sign application — everything is okay. e) Note-Recommendation to Council on Comprehensive Plan Amendment: Rescheduled due to informational meeting in March f) Anderson and Sippel Recognition delayed to March meeting. Planning Commission Meeting February 14, 2007 Page 9 Tyler has a question about when tonight's trailhead discussion will be addressed to Council. Friesen said at the March 5th meeting because Tuesday's Council • meeting will not have a full Council and there won't be enough staff time to �{ prepare. l �rref{t`ly-� lean said in the last Newsletter there was a listing of concentration levels for 3 �4 0-1 carbon monoxide, but she's wondering what the actual numbers would read when the CO levels start to compromise health. 9. Motion by Klein and seconded by Neve to adjourn at 9:01 p.m. • Planning Commission Meeting February 14, 2007 Page 10 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION MARCH 14, 2007 7:00 P.M. - CITY HALL Roll Call: Bill Tyler excused. 1. CALL TO ORDER Pledge of Allegiance 3. ADOPT AGENDA 4. APPROVAL OF MINUTES —February 14, 2007 5. PLANNING COMMISSION a) Public Hearing Re: Comprehensive Plan 1. Open Public Hearing 2. Discussion & Comments a) Please refer to previously distributed material at the January 29, 2007 • Moratorium Meeting. (If you are unable to locate the material, contact city offices and we'll reproduce the documents.) Documents are memos from NAC dated January 26, 2007 referencing: i. Spring Park Comprehensive Plan—Commercial Land Uses ii. Spring Park Zoning Ordinance Amendment—Building Design Ordinance iii. Spring Park Setback and Curbing 3. Close Public Hearing 4. Recommendation to Council b) Public Hearing Re: Proposed Changes to Shoreland Setback Requirements 1. Open Public Hearing 2. Discussion & Comments a) Memo dated March 8, 2007 from NAC b) Proposed Ordinance Amending Section 3 3. Close Public Hearing 4. Recommendation to Council c) Sign Permit Application 07-02S d) Sign Permit Application 07-03S 1) Staff Memo dated February 23, 2007 and various e-mail correspondence e) Sign Permit Application 07-04S 1) Staff Memo dated March 9, 2007 6. COMMUNICATIONS a) April Calendar . b) Channels 8 & 20 Schedules Plan. Comm. Agenda — 3/14/07 1 c) Building and Sign Report, February 2007 d) Legal Notices e) Council Meeting—February 20, 2007 f) Police Commission Meeting—February 20, 2007 g) Council Workshop—February 26, 2007 7. MISCELLANEOUS a) Metropolitan Council Information regarding Affordable Housing b) Certificates of Appreciation to Anderson and Sippel c) Christmas in May: Notation to top of letter requesting Council participation 8. ADJOURNMENT • • Plan. Comm. Agenda—3/14/07 2 CITY OF SPRING PARK ' SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION MARCH 14, 2007 7:00 P.M. - CITY HALL Roll Call: Bill Tyler excused. Commissioners Klein, Mason, Maloney, Neve, Dove. Planner Petrik, Deputy Clerk Lewin, Administrator Friesen, Council Representatives Hughes and Reinhardt. 1 . CALL TO ORDER Pledge of Allegiance 3. ADOPT AGENDA Petrik requested item 5a iii be deleted from the agenda. Klein makes a motion and Maloney seconds to adopt the agenda. 4. APPROVAL OF MINUTES — February 14, 2007 Klein clarifies on page 9, item number 5 under approval of minutes, said about Petrik being -here and Klein said what she was asking about was Petrik bringing the ordinance on non-conforming structures to the meeting. Klein also said on page, 10, last paragraph, let the minutes show Mason asked the question about carbon monoxide levels. Mason makes a motion and Doves seconds to approve minutes with changes. PLANNING COMMISSION a) Public Hearing Re: Comprehensive Plan 1. Open Public Hearing 7:05 p.m. 2. Discussion & Comments Maloney informed the audience they need to identify themselves before speaking. i. Spring Park Comprehensive Plan — Commercial Land Uses Petrik said they're updating the preamble to the commercial component and re-describing recent changes and the City's vision for the future. Petrik said the other component is updating policy regarding architectural standards. One involves minor expansions of more than 30% and less than 50%, and another section dealing with major expansions, new construction or renovation greater than 50%. Petrik said the City does not want to discourage reinvestment but rather to guide the process. He said there have been a number of meetings through the last year. There was a public hearing in January and it wasn't well attended therefore tonight's meeting was hopefully advertised better. Petrik explained the Comprehensive Plan is the broad policy for land use. He said It's broad and is futuristic wherein the zoning code is more specific in standards and performance. Petrik spoke about architectural standards for minor building expansion (30-50%). He said triggers are tenancy changes that could change the parking demands and expansions. There are five policies: expansion towards the public street along with landscaped front yard with entrances toward the front 46eet, establishing minimum setback and physical separation from onsite parking, to encourage Plan. Comm. Minutes — 3/14/07 1 redesign of commercial lots to side yards, establish minimum architectural standards and establish performance standards for outdoor sales and storage to be defined and screened. The second component has to do with major expansions and new construction Petrik said. The &ndards will be applied if expansion is over 50%, new construction and/or any development when combining lots and demolitions. The guidelines are the same as above but more specific on preferred materials. Petrik said there will be guidelines on how to promote an interesting building fagade. He said this will provide guidance on how to add variation to roof lines for more interesting visual effects. He said rooftop equipment is required to be screened and building height will use a step back design on the third floor to avoid a canyon effect on the thoroughfare. He said it's meant to encourage better parking lot design, techniques for landscaping and landscaping in large parking lots. At this time there is a PowerPoint presentation by Ebert Construction on pre-engineered metal buildings. Ebert was invited to talk to the Commission about pre-engineered metal buildings. He said photos will be shown and there are samples. Ebert said a pre-engineered metal building is not necessarily a pole barn but is associated as such. He said it does comes from a factory, has two columns and a beam to create the shell of the building. He said some have brick applied to the exterior and some are smooth embossed metal panels with brick. He said the benefits are a decent look can be achieved and the cost can be kept low. Ebert said these buildings can be made to look like pre-cast concrete. Ebert showed some local buildings showing different exterior applications that don't look like pole barn construction. He said pre engineered buildings with metal panel construction are very adaptive to putting additions onto. Ebert said some ordinances will limit the amount of metal facing and there are some city ordinances that just simply state no metal panel buildings. Maloney asked what is the correct terminology for a pole barn. Petrik asked what the intention is to distinguish what is acceptable in terms of constructed metal panels and not totally rule out metal 'ildings. Ebert said there is a relatively minor cost adjustment going from a low grade panel to high ade panel over-all. Ebert said possibly 2% of the overall cost, depending upon the size of the building. Ebert said he is here tonight to encourage not writing a vague ordinance that just over all eliminates metal buildings. Mason stated metal buildings typically have more of a modern look and it's difficult to achieve an older look and Ebert agreed. He said It is panel construction and older architectural styles typically involve wood construction. Bickman asked about what the City is really looking for. He's wondering if they're looking for lower rent businesses or a lake feel. He said engineered buildings can be nice such as the IDS tower. Bickman said no one has stood up to say this City needs some chage and he wondered if this is the opportunity to do that. Petrik said he's trying to communicate a result of a process that's been going on the past year. The purpose was to upgrade the quality of the thoroughfares and the city could take steps to guide these changes. Maloney said the city has looked at existing buildings and there isn't much that can be done but the focus is more on large expansions and new construction and looking for high quality construction. Bickman said guidelines of 30-50% expansion are too large. He is concerned that the old buildings should be grandfathered and any changes need to comply with the new standards. He said if it's based on a percentage of change, a business could just add 10% each year and continue to do so for many years. Neve said he doesn't believe Spring Park is ever going to be a Wayzata or Vail because we are maingly a manufacturing district. Bickman said you can be whatever you want the City to be. Klein said it's been difficult to determine a so-called percentage of change because the City �ouldn't discourage growth and change and there is a lot of improvement that needs to take place. Plan. Comm. Minutes — 3/14/07 2 Mason said character of a city is important and he feels the Tonka Venture building with the brick is one with character in the city. Weff Hovelsrud said he's lived in Spring Park for 12 years and he agrees with Bickman. He said the y has been dragging it's feet. Hovelsrud has a business in Minneapolis and said nothing would go on in Minneapolis that has gone on in this town. Maloney asked for clarification on what Hovelsrud is suggesting and Hovelsrud said what's there is already grandfathered and everything else going forward should measure to the new standards. Mason said he knows Spring Park was mainly a boating city. Hovelsrud said Sunset Drive used to be a bunch of bars and now it's changed. He said he's heard Sunset Drive is supposed to be upgraded for the last twelve years. Hovelsrud said he doesn't understand who would buy a $400,000 condo when they look out at a metal building. George Norliing said there are so many variables and trying to get more character in buildings and Norling wonders if an architectural committee would be more appropriate. Norling said there are some very nice buildings that are steel or concrete and they can look very nice. Klein said the City has gone through a lot of architectural thought and consideration and the planners have had a lot of input. Klein believes there could be some wiggle room but there has to be some guidelines. Norling said it's necessary to be careful about what dictates what someone can do if there's an expansion. Norling said he thinks the City shouldn't restrict the materials so much but go more for the actual design of the building. Petrik stated we're not really restricting materials other than metal panels. He said we don't want to be dictatorial about this. Bickman said he wants to talk about the street front. He said large commercial businesses many times have frontages that are 100's of feet long and typically not that deep. Marina Shopping Center is an example. He said buildings with really large frontage should be focused on the front but there are some very unattractive deep buildings that should also be under the same standards. Bickman said it's difficult when a city is trying to combine industrial, commercial and residential in such a small community. He thinks this is a bedroom community and it's not a self sustaining community. Maloney said Blue Lagoon and Donnybrooke are examples of very deep 40 ildings. ii. Spring Park Zoning Ordinance Amendment — Building Design Ordinance Petrik moved on to the next part of the hearing regarding architectural standards for commercial districts and the shopping center district. The application of new standards would apply. This new standard could be difficult because many of the lots are too small to accommodate a large expansion and handle parking needs. The standard for the shopping center doesn't allow any metal panels. The present shopping center is a higher standard and by saying no metal panels, the current shopping center conforms. Maloney asked Petrik to explain why 50% should be allowed. Petrik thought it might be the most obvious compromise but he doesn't know that he was at the meeting where this was discussed. Maloney asked for clarification for new construction on the C-1 and would we be allowing metal panels. Petrik said the triggers are change in tenancy and expanding the footprint and it doesn't address new construction. Klein thinks it should be clarified to say new construction. Maloney said the intent is the corrugated metal panels. Petrik said corrugated panels were going to be allowed to continue but if the Commission is interested he could clarify and assist in terminology. Maloney said Presbyterian Homes has some metal accent panels. Petrik said we're trying to distinguish from corrugated metal panels and accent metal. Maloney thinks it definitely needs to be clarified. Scanlon said he came tonight hoping to hear more discussion from building owners and business owners to give comments that can help fashion an ordinance that pools all ideas from everyone. Neve asked about what areas are of the most concern. Neve said he's concerned with the area between the old bank to Minnetonka Drive-In (4400 to 4658 Shoreline Drive). He thinks that's the area that needs W most work and he asks what does the City want. Justbom of Blue Lagoon said he's just concerned here's going to be too many standards and he won't be able to stay in business. He hears things like Plan. Comm. Minutes — 3/14/07 3 boat parking and in his case it's about sales. He can't lose parking because it will shut down his brokerage and shut down his business. He feels he tries to do good. He said he spent $15,000 on landscaping. Maloney asked Justbom if he thinks the 30-50% is fair and Justbom of Blue Lagoon said he thinks that's fair. He doesn't have a problem with that. What he's concerned about right now is the Pe rking. Klein said that's why they put a percentage on it. Blue Lagoon says he's trying to do the best can and is very concerned about having to comply with these new suggested standards. Klein said in regards to parking it was suggested maybe they could move the parking to the rear, if possible. She said obviously, in Blue Lagoon's case, parking cannot be moved to the back. Hovelsrud asked what if the mayor was to expand one of his buildings. Maloney said if the expansion is more than 30%, broad architectural standards would be in place. Rockvam said he doesn't think he can possibly expand. He said this whole thing is in evolution. He said Blue Lagoon was a ready-mix plant and the building was built for a use. He said Rockvam Boatyards was an enormous police problem when the bars were in place. He said he feels when he came in they tried to make things better than what they were. He designed the boatyards for his business. He said it's a marina and it's no different than many other areas that have marinas in their cities. He feels he tried to blend the buildings and have them work as a unit. Rockvam said any building has the right, if the building is destroyed, to rebuild. Rockvam said in 15-20 years from now these buildings will not be here because the market value is increasing. Rockvam said this community fills different niche markets and the business reflects what the buildings are being used for. Bickman said in the C-1 district the lots are too small for commercial businesses. He feels one business is running an industrial operation and it shouldn't be allowed. Bickman feels County Road 15 is inadequate to handle the volume of traffic. Bickman said he prefers Blue Lagoon's boats over semi trailers. Bickman asked for a show of hands to see who agrees with what is being said tonight. Maloney said business owners have been encouraged to speak tonight and they need to speak. • Klein said this agenda item was removed. 3. Close Public Hearing 8:17. 4. Recommendation to Council (Approximately 1:30 on the tape) Commercial land use and building design: Klein said even though the language is 30-50% she wondered if there could there be language to promote the look of the City, the beautification plan and target it all into a welcome package to a new business in a building permit. Klein asked what would be the best vehicle to get this word out. Petrik said it's not difficult to get the word out for them to seek guidance. Maloney said it's in the comprehensive plan. Petrik said encouragement could be added. Neve felt the type of businesses in Spring Park don't need to look pretty and his concern is we'll deter businesses from updating and changing if the city is too restrictive. Maloney asked if it's ever been investigated as to how many businesses could actually expand 30%. Maloney said for example Rockvam can't expand. Blue Lagoon is another example. Klein said they could buy the property next door but Petrik said then different standards would kick in. Petrik said there haven't been empirical studies but there aren't many businesses that could expand 30%. Maloney wondered if there is too much focus on this 30% when in fact it may not really affect many properties within the City. She thought maybe the focus should be more on new construction and teardowns. Maloney makes a motion and Klein seconds to approve the comprehensive plan changes as written in the most recent NAC documents dated February 27, 2007 with the encouraging policy statement and make the change from Sunset Avenue to Sunset Drive. Dove and Neve nay, all others in favor. Motion passes. 4the zoning ordinance there was a clarification to add new construction. Klein thinks there should be me language added about setbacks in regards to parking. Reinhardt asked if setbacks should be Plan. Comm. Minutes — 3/14/07 4 part of the zoning ordinance. Petrik said Klein wants to encourage setbacks in parking areas but then later in the zoning there could be specificity. CI-C2 dealing with materials and metal panels if they meet certain standards. Klein said she wants to rify to include new construction. Maloney makes a motion and Mason seconded to approve the oning ordinance amendments in the memo dated February 27, 2007 with the additions of adding architectural standards for new construction. Neve abstains and all others aye. Motion carries. b) Public Hearing Re: Proposed Changes to Shoreland Setback Requirements 1 . Open Public Hearing 8:31 p.m. 2. Discussion & Comments Petrik said this came out of the January 29th meeting. There is an ordinance change for lakeshore setbacks. He said the current ordinance says the standard is 50 feet but there is an averaging rule that can supersede if two adjacent properties on either side of the building site, then the setbacks shall be the average of those two buildings. Petrik said the merits of this has been discussed and it's been proposed to modify this and reinstate the 50 foot setback which is compliant with DNR model shoreland rules. Petrik said Spring Park is a fully-built community and the rule was re-written to allow for averaging closer to the lake. Criteria would be the lot must be a current lot of record, there is insufficient lot area to build or remodel a home that is compatible in scale, mass and size to most of the existing homes on this block, and at least one of the principle structures on the adjacent lot has to be closer to the lake than 50 feet. Petrik said the second one is most important and the concern about McMansions building closer to the lake. Mason asked if this is residential and commercial or both and Petrik said really both. Maloney asked that the proposal is that someone could build up to 50 feet no matter where the adjacent properties are ated. Klein asked how the exception would be granted and Petrik said it is more of a Council action. ein asked how the case is made and Petrik said they'd have to discuss why it's difficult to build without the exception. Friesen said the procedure would have to be determined. Klein said the criteria and the concern is that mistakes have been made in the past. Friesen said the Council and Planning Commission are going to have to rely on staff to make sure these mistakes aren't made. Klein said she favors a 50 foot setback and everything else needs a variance. Petrik said an alternative to a variance could be considered a conditional use action. Petrik said a variance is a higher standard than the CUP. Rockvam said for years it was 50 feet. And then two neighbors on Sunset Drive built closer than 50 feet and the house in the middle wondered if they had to adhere to the 50 feet or could they come up in line with the two on either side so they didn't have to sit back in a hole. Maloney said that was probably the impetus for the change. Rockvam said he became aware of this when Rosen wanted to move his house forward. Maloney wondered if anyone could abuse this. Hovelsrud said he's one property owner on Sunset with a deep lot. He's wondering what this means for him. Maloney said if the change is made, he could build up to 50 feet from the lake. Another example according to Mason is Black Lake Road and he thinks someone should just go through the variance process. Hughes said the current ordinance is confusing and the job is to clear up the confusion. Klein thinks the standard is 50 feet and anything less would require a variance. Maloney asked if there are any comments from the public. Scanlon is curious if apartments sell or a restaurant sells for condos, how would it affect them and Klein said the 50 foot setback or variance would apply. Bickman said there could be something about one third of the lot size would have to be in between the house and the lake or the 50 foot setback. Mason said common sense, why would someone want to move their house that close to the lake and be far from the road or a long driveway. Bickman said some people want to be closer to the lake for valid �asons. Turner said most communities are at 75 feet. Turner thinks most communities are 75 feet Plan. Comm. Minutes — 3/14/07 5 and he feels there are ways to be able to address lot size. Mason said it's too difficult with all the math. It should be cleaner. a) Memo dated March 8, 2007 from NAC • b) Proposed Ordinance Amending Section 3 3. Close Public Hearing 8:53 4. Recommendation to Council Neve makes a motion to the amendment to the ordinance and Mason seconds to approve a 50 foot setback and anything else would require a variance. All in favor, motion approved. Neve needs to leave. Hughes noted on page 20 and 21 of the comp plan has some wordology that needs updating and Maloney said the entire comp plan is going to be updated in the future. c) Sign Permit Application 07-02S d) Sign Permit Application 07-03S 1) Staff Memo dated February 23, 2007 and various e-mail correspondence e) Sign Permit Application 07-04S 1) Staff Memo dated March 9, 2007 Bob Ackerwold represents Sign Source and John Prodynski represents Ridgeview Clinic. Ackerwold said the sign applications presented are for the pylon sign and two on the building. Ackerwold acknowledged the Pylon sign is 3/4 of a square foot over ordinance and they can adjust it to meet the 200 square foot requirement. He said they will be Using the same I beams but there would be new cabinets. Mason asked if there's room to accommodate future businesses and Ackerwold stated yes. The pylon sign is the same height as the old one and is internally illuminated. Maloney asked if it would be illuminated at night and Ackerwold thought it might be on timers. He thought if it's close to sidential it might be an issue and it would be at the property owners or City's discretion. Ackerwold aid the other sign is non illuminated and it's located above the main entrance. Mason asked if there was to be any accent lighting and Ackerwold said there will be indirect lighting form a pole and a spot focused on it. Mason asked if it's inset and Ackerwold said it's recessed. Ackerwold said the third sign is a wall cabinet designed to showcase what is represented in the Clinic. Klein thinks the one sign looks rather large on the north side of the building and John said it's smaller than what is currently there. John wanted it to be known what's inside the building and therefore it dictated somewhat the size of the sign that needs to be in place. Klein wondered why the sign couldn't be centered and John said it's because there are some windows that are in place and architecturally it looks better where it's been illustrated. Hughes asked if there is going to be a new light pole installed or a new one for the spot light. John said the building owner is putting in some different curbing and landscaping to enhance the front entrance. There will be handicapped accessible and a drop-off zone therefore there will be a set of stairs to accommodate the drop off and then thepole will go in somewhere in there. He said the parking lot looks rough on move in of April 2n but soon they'll resurface and landscape. Mason asked about what's going on in back. John said there will be an employee entrance is on the southwest side. Dove thought the back area is a fire lane and John said it's pretty wide but he doesn't believe there will be too much parking in back. Mason asked about landscaping and he wondered if it would be plantings in the ground or planters and John said in-ground plantings. He said their image is very important and they've stressed with the owner, Mr. Buttenhoff, that parking lot needs to be updated. He said the lights will be existing. Friesen stated regarding the back stoop there is a utility easement and Buttenhoff has declined signing a hold harmless agreement �arding the easement. John said he's not sure where this is at and they are not the property owner d feels the property owner needs to sign it. Mason asked if any of the other businesses will be Plan. Comm. Minutes — 3/14/07 6 relocating and John said they have a first right of refusal on the Movie Gallery. Ackerwold said he'll take a digital photo and he can show it proportionally how it will look. Maloney makes a motion and Mason seconds to approve permits # 07-02 07 03 07 04 as shown the illustrations with the condition they revise 07-03 to show the required size of 200 square eet. All in favor. Motion passes. 6. COMMUNICATIONS a) April Calendar b) Channels 8 & 20 Schedules c) Building and Sign Report, February 2007 d) Legal Notices e) Council Meeting — February 20, 2007 Planning Commission would like to see minutes from Council even if they're unapproved. Klein wants to get the Council agenda in the mail. Even e-mail. Post it on the website. f) Police Commission Meeting — February 20, 2007 g) Council Workshop — February 26, 2007 7. MISCELLANEOUS a) Metropolitan Council Information regarding Affordable Housing Klein said in the packet there was a letter dated February 06 from the Met Council stating we need 31 affordable housing units and Klein wants it explained. Hughes said we had excess and loaned some to Minnetonka Beach and Klein wants to know where this is at. b) Certificates of Appreciation to Anderson and Sippel There is a concern about Mork-Bredeson not resigning and wondering if we can gather a pool and then appoint some one in her place. c) Christmas in May: Notation to top of letter requesting Council participation Staff said this was brought up at Council and no one volunteered. Hughes said there is money available and it's more Reinhardt's area but he's wondering what they'd like to see in beautification. Reinhardt said it's been talked about and then agendas got full and they were short staffed. Reinhardt said the initial discussion is to come up with places that look bad and examples of places that look nice and come up with a wish list and plan and then prioritize. Hughes thinks this needs to be moved up. Maloney said she wants to see this at the beginning of next month's agenda instead of at the end. Mason thinks it might be nice to have a neighborhood competition to help beautify areas in Spring Park. Maloney suggests Mason organize this. Klein asked about the ordinance regarding non conforming buildings that was tabled at the January meeting and she wondered when it's coming back. Klein also wondered if the Council has discussed the driveway setback. Hughes said his recollection when talking with Brixius about the driveway setback is that there's a misunderstanding with the existing setback and it's not written correctly. Hughes said what he's heard is basically it's becoming a non issue because it doesn't apply. Friesen said she doesn't think it's been re written from Brixius or Petrik and put in the recommended form for the Council to review. Klein said they recommended no change. Friesen said no change is ten foot setbacks. Hughes said what he diand from Brixius that it doesn't apply to residential. Klein said she thinks it was totally residential esen said it's like the shoreland setbacks, it got in there and it shouldn't have got in that way and it Plan. Comm. Minutes — 3/14/07 7 needs to get changed and Friesen said she'll check on it. Klein said the other one was the non- conforming structures and it was tabled. Maloney said that was the meeting that Petrik was supposed to come back with and he didn't come back with it. Klein said it was discussed on January 29th and Beck discussed the findings but it wasn't what Klein understood in the seminar she attended. *inhardt said there needs to be closure on this. 8. ADJOURNMENT Klein makes a motion and Maloney seconds to adjourn the meeting at 9:43 p.m. Wendy Lewin, Deputy City Clerk Sarah Friesen, Administrator/Clerk/Treasurer w Plan. Comm. Minutes — 3/14/07 8 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION April 11, 2007 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL: Klein, excused. 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — March 14, 2007 5. PLANNING COMMISSION a) Beautification i. City Ordinance Sec. 24-38 City Code "Bring Ideas** 6. COMMUNICATIONS a) May Calendar b) Channels 8 & 20 Schedules • c) Building and Sign Report, March 2007 d) Council Minutes, March 19, 2007 e) Special Council Meeting March 27, 2007 f) Police Commission Meeting Minutes — March 20, 2007 g) Unapproved Council Minutes — April 2, 2007 7. MISCELLANEOUS a) Resubmitted Spec sheet for Pylon Sign at 4695 Shoreline Drive down-sized to 200 square feet per ordinance, as requested by Planning Commission b) PC Information Packet Land Use and Other Laws Governing Members 8. ADJOURNMENT • Plan. Comm. Agenda — 04-11-07 CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION APRIL 11, 2007 7:00 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Maloney called the meeting to order at 7:00 p.m. followed by the pledge of allegiance. 2. ROLL CALL Tyler, Mason, Maloney and Neve were present and Klein was excused, Dove was absent. Others present: Administrator Friesen, Ex-Officio Hughes, Council Person Reinhardt and Recorder Corl. 3. ADOPT AGENDA Mason requested update on the Island Harbor development and Tyler requested an update on the Christmas in May project both items placed on the agenda. Motion by Mason and seconded by Tyler to approve the agenda with the additions. All votes were aye. Motion declared carried. 104. APPROVAL OF MINUTES —March 4, 2007 Motion by Mason and seconded by Maloney to approve the minutes for the Planning Commission Meeting March 4,2007. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Beautification i. City Ordinance Sec. 24-38 City Code Reinhardt thought the Commissioners should take time to come up with a list of what looks good and what are opportunity areas for the future; brain storm what they like and do not like; come up with some action items from that list. Maloney noted George Norling provided a list of recommendations for beautification for the City. She suggested reviewing the list for discussion. The first item was City Signs and Planter Boxes. It was noted they are deteriorating with time. Maloney pointed out the plantings in the planter boxes look nice. The Commissioners reviewed the locations of the border signs and where there are no border signs. They concluded the signs need to be cleaned up. Mason stated hanging baskets were suggested last year. He suggested something hung on a pole lower so an abutting property owner could water it, etc. Maloney referred to planters on Sunset Drive on the new median. The cost and maintenance of the median planers were briefly discussed. Reinhardt noted that a list should be made of the need for more plants. Norling's 0 recommendations noted the unpleasing appearance of the traffic signage throughout the main corridors. Maloney asked if there were directional signs for the parks to let people know where 1 they are located and also for the tennis courts. It was also noted the semi-phores need refinishing, etc. • Streetscape Improvements—Hughes stated he did not realize the City maintained along the county road. He asked what could be done to mitigate all of the sand and salt coming off of County Road 15. He pointed out a lot of property owners do nothing to remove the salt/sand on their property to encourage some green space in those areas. Reinhardt stated the Marina Center is doing something along the boulevard toward beautification with they redo their parking lot. Hughes again stated the property owners along Shoreline Drive do not remove the salt/sand on their property. Maloney would like to see landscaped islands like in the City of Mound in the middle of County Road 15. She pointed out concrete islands were used because of a maintenance free issue and now beautification is entering into the picture. Hughes said he would ask Norling if the county has any ruling regarding landscaped medians. Neve pointed out he has seen fencing used with vines growing on them that were very attrractive. Maloney said there are a lot of roadside ideas to look at. It was noted we should work on enforcement of outside storage. Hughes pointed out some houses on Shoreline Drive would be a start in maintaining the boulevard i.e. just raking their leaves, etc. Maloney said it would be nice to have more accessibility to get rid of junk. Friesen stated the people that do not utilize clean up day are the ones that have the most visible junk. Neve asked if we have a vehicle ordinance. Friesen stated our ordinances are very vague and we have to make sure our ordinance is up to date if we are going to enforce it. Reinhardt asked about vehicles for sale in a residential area along County Road 15. The Commissioners briefly discussed this and where the problem areas are located and what could be done to eliminate the problem. • Shoreline Drive/Sunset Drive Garden — It was noted that property is owned by Joel Buttenhoff (Tonka Ventures) and he has given the City permission to have garden on that corner. Maloney said that is a great place to plant. Hughes suggested we instruct Norling to plant perennials. Mason asked if there was someway to pursue to keep the block work from getting damaged. Hughes referred to the tree lilies planted on Shoreline Drive. He said the original intent when the trees were young was to have something else around the trees. He said we should take an inventory and have all or no trees have lilies around them, it should be consistent. It was noted the area of the lilies could be embellished i.e. with bricks around them or enclosed. Maloney pointed out the lilies are another maintenance item. Hughes said they are not intended to be there forever. Mason noted that most of the trees planted are different types of trees. Hughes said they are not all the same in case one variety incurred disease then all would not be affected because they were different types. Maloney suggested planting shrubs instead of day lilies. Hughes suggested having Norling explain the reasoning for the lilies. Pioneer'sNeteran's Memorial - Mason said it was discussed at one time to have something for veterans in Thor Thompson Park. It was pointed out there is a rock in front of City Hall commemorating veterans in World War 1I. An additional rock garden was suggested for all war veterans. Holiday Lighting — The Commissioners briefly discussed this. Mason suggested using colored Christmas lights. Maloney said we have to be careful regarding holiday lights. Hughes suggested • the City sponsor a City wide contest for holiday lighting. Mason said there should be a group effort to decorate and light a tree. Maloney suggested landscape lighting along the boulevard not just at holiday time. Tyler asked if the Welcome Signs are lit. Hughes said we have a new 2 ordinance regarding lighting and have to be careful where the light shines. He added there should • be a new sign for the tennis courts this spring and there are more maintenance free signs available. Mason note rust is appearing on the City sign at the east end from rusty nails. Hughes pointed out there is a priority to clean up the City signs. Maloney asked if the parks are used other than by the Little League and was told sometimes. Hughes said less than 10% of the population in the City is under age 18. Mason asked if we want outside residents or Spring Park residents using our parks. Maloney asked what the draw is to our parks. Hughes said the Little League needs it and also parking is an issue. The Commissioners briefly discussed the use of Thor Thompson Park and embellishing it with more equipment. Friesen said there are maintenance issues at Wilkes Park and asked if that money should be put into Thor Thompson Park. The conformance and safety of the equipment in Wilkes Park was briefly discussed. The trail access to parts of the City was discussed. Maloney stated power lines are an eyesore and we should have new construction bury their overhead power lines. Hughes said the power company would move a pole one time at their expense and the property owner has to pay the expense of burying the lines. Maloney pointed out it is not aesthetically pleasing to see the power lines and asked how we could require this as a gradual thing. Maloney referred to the trail and the notices the residents along the trail have received instructing them not to do anything in the trail right-of-way. She pointed out the trash, brush, etc. being dumped. Reinhardt said there will be a time when the trail is being done they will pick up the trash. She said residents can apply for a permit to plant along the corridor so the rail authority knows what is going to be placed along the trail. Tyler referred to the discussion about planters and signs, etc. and said we ought to have a consistent color we should be using for a consistent theme. Hughes said the colors are blue and gray. Reinhardt pointed out this was suggested at the beginning of beautification discussions several years ago. Friesen noted some colors are used for safety. Neve pointed out the corner in Wayzata by the railroad crossing. He said it was a nice corner with flags and flowers and this could take place in the garden at Shoreline and Sunset Drives. Mason said we should have a nautical theme. Tyler said he thought we were trying to move away from the City having a lake theme to try to upgrade it opposed to being a lake cottage area. Hughes pointed out if want we want to add flags etc. in the garden we would have to get Buttenhoff's approval and consider the wind tunnel affect in that area. Maloney asked what can be done to beautify neighborhood streets. Hughes said the Council has asked for a proposal for condition of all City streets to get a feel of the condition they are in as a start to upgrade them. 'Maloney asked if the street was repaired by lift station 6 from the construction traffic. Staff will check on this. Mason asked if everything is finalized with the contractor for lift station 6 and was told yes. Mason verified the there is supposed to be a gate installed at the auto repair business next to lift station 6. Mason suggested everyone find a corner in their neighborhood to beautify, have a contest and judge the results at the end of the summer. Maloney suggested putting this in the Newsletter. Hughes suggested Mason write a list of guidelines as a start. Mason said he thought it would be a way to start the idea of helping out with someone else's yard. • Maloney pointed out there are so many things we could do and the bulk of our discussion is what we can plant where and what else we can do. Hughes verified using the corner of Sunset and Shoreline Drives as our focal point. Neve said there needs to be a sidewalk on Sunset Drive from 3 the Mist to Lord Fletcher's. Reinhardt pointed out this has been discussed and is on the back burner. Maloney asked if there has been any talk about an exterior update of City Hall. Hughes • said we have discussed the driveway and redoing some of the plantings that were removed when the water tower was constructed. Mason pointed out as the trail gets developed we will want to highlight our City and to see more flowers. Maloney said we have to look at outdoor storage and not just for businesses. Hughes stated part of the beautification process is having a place for residents to take leaves and brush other than at clean up time. In another matter Friesen said the Chamber is considering sponsoring banners on flag poles on Shoreline Drive from Spring Park to Mound with business names on them. She asked the Planning Commissioner's opinion on this. Mason noted a previous endeavor with this idea and pointed out some of the banners in Navarre are on the ground or hanging from the poles. Maloney said we have Spring Park ones to put up. Mason agreed with that or no banners to eliminate a maintenance factor. Hughes referred to the previous endeavor and the high maintenance with those banners. He asked if they want to recommend to the Council to use the ones we have. Maloney said to use the ones we have and we do not need a billboard on every pole. Friesen said the banners would be purchased by the businesses and the City would be putting them up. Maloney asked if we are going to be putting lights on the poles. Hughes pointed out we did require the Mist Lofts to put some in but is an expense project to put lights on a county road. The following list for beautification was derived from the above discussion: 1. Reviewed where there are signs at the borders; priority to clean up signs 2. Hanging baskets were suggested for beautification 3. Directional signs for parks and tennis courts 4. Landscaped medians like City of Mound 5. Work on enforcement of outside storage 6. Prohibit vehicles "for sale" in residential 7. Veterans rock garden addition for all war veterans 8. Look at the parks and what needs to be done 9. Overhead power lines 10. Needs to be a sidewalk from the Mist Lofts to Lord Fletcher's on Sunset 11. Place for brush, leaves, and grass clippings Tyler asked if Christmas in May was brought up at the Council meeting. Friesen said there were no volunteers. Tyler said if it is not doable we should not pursue it. Klein and Reinhardt and Neve volunteered to help. Tyler said we should proceed now so it is not forgotten. The volunteers will get together to see how they should proceed with the idea. Friesen reminded them is there is a quorum the meeting has to be posted. Mason noted new name plates have to be ordered. Reinhardt will put together a summary of tonight's beautification discussion. 6. COMMUNICATIONS The following communications were noted: a) May Calendar b) Channels 8 & 20 Schedules • c) Building & Sign Report, March 2007 d) Council Minutes, March 19, 2007 e) Special Council Meeting Minutes, March 27 2007 4 0 Police Commission Meeting Minutes, March 20, 2007 • g) Unapproved Council Minutes, April 2, 2007 7. MISCELLANEOUS a) Resubmitted Spec sheet for Pylon Sing at 4695 Shoreline Drive down-sized to 200 square feet per ordinance, as requested by Planning Commission-Noted b) PC Information Packet Land Use and Other Laws Governing Members -Noted c) No Solicitors The Planning Commission briefly discussed the definition of soliciting and solicitors. d) Update on the Clear Water/Harbor Island project Hughes stated the Developer's Agreement is going to be on the Council agenda on Monday. He added there is one controversial item to be dealt with; the lender is in Maple Grove; they plan to close on the property in July and then start with the demolition. Hughes referred to the matter of how many Planning Commissioners were needed to vote on the Comp Plan. Friesen said it was five out of seven. Hughes questioned if that was even appropriate. Friesen pointed out the Comp Plan amendment will come back to the Planning Commission for final recommendation. In another matter Mason referred to the subject of a project manager for the City, and Clear Water suggested the city planner for this. He said he is not in favor of the city planner or the engineer being a project manager for the City. Hughes stated he would hope the Council would review what the description of a project manager would be and research this before ever making a decision. S. ADJOURNMENT Motion by Maloney and seconded by Tyler to adjourn the meeting at 9:00 p.m. All votes were aye. Motion declared carried. SHARON CORL RECORDER SARAH FRIESEN ADMINISTRATOR, CLERK, TREASURER 5 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION May 9, 2007 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES —April 11 , 2007 5. PLANNING COMMISSION a) Continuation of Beautification Discussion i. Marina Center Parking Lot Design ii. Nuisance Properties/Outdoor Storage (Photos attached for discussion generation purposes only) • b) Update Island Harbor i. Final Plat approval to May 7th Council Meeting c) Continuation of Christmas in May/Rebuilding Together 6. COMMUNICATIONS a) June Calendar b) Council Meeting — April 16, 2007 (unapproved) c) Annual Board of Review — April 30, 2007 (unapproved) d) Building Permits Issued — April 2007 e) Memo regarding Spring Park Marina Center Park and Ride f) LMCD Newsletter, Spring 2007 7. MISCELLANEOUS 8. ADJOURNMENT • Plan. Comm. Agenda — 05-09-2007 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PLANNING COMMISSION May 9, 2007 7:00 P.M. - CITY HALL 1 . CALL TO ORDER 7 p.m. Pledge of Allegiance 2. ROLL CALL Commissioners Klein, Mason, Chair Maloney, Neve, Bredeson and Dove, Council representatives Hughes and Reinhardt, Administrator Friesen, and Deputy Clerk Lewin. 3. ADOPT AGENDA Klein makes a motion and Mason seconds to adopt the agenda. All ayes, motion carries. 4. APPROVAL OF MINUTES —April 11, 2007 Mason makes a motion and Maloney seconds. All ayes, motion carries. 5. PLANNING COMMISSION a) Continuation of Beautification Discussion i. Marina Center Parking Lot Design 60aloney asked about the Marina Center and wondering if they are planting the medians. ■ Klein thought more mulch and more grass would be nice. ■ Hughes said things around the building are going to be torn up and he thought more earth versus blacktop. ■ Dove asked about the actual parking lot and the entrances. Dove is concerned about whether there will be designated parking spots with striping. ■ Dove asked about the trees around the property and wondered if that would be cleared up and wondered about the walking path to the Lakeshore. She wondered because it's private property if there is an opportunity to clean up that area with some walking paths and perhaps some lighting. ■ Maloney asks about the concrete medians and whether they are planted or not. ■ Dove asked about the fire lane to the south of the building. Dove is concerned about fire access and Friesen said the plan was reviewed by the fire chief. ■ Neve asked about the ramp and the entrance and whether it's going to have a retaining wall. ■ Bredeson is concerned about the traffic flow and if it will create any problems. ■ Maloney thinks it would be nice to soften the parking lot feel with plantings versus all asphalt. • Mason asked about plantings along county road 15 and thought it would be nice to see some plantings. 0 ii. Nuisance Properties/Outdoor Storage (Photos attached for discussion generation purposes only) Plan. Comm. Minutes — 05-09-2007 1 Klein voted this as a high priority on the list of recaps. Reinhardt said there was a lot of good discussion about these items and there is still an opportunity to present feedback regarding the top three priorities. Dove said she walked down Shoreline Drive and made some notes. She Welieves it's necessary to tighten up on the ordinances. Dove noticed a lot of litter and broken pavement in parking lots. Dove recorded the addresses on the list. She said they're commercial properties. ■ Certified Auto there are dead bushes and bushes that need trimming along with litter. ■ Nautiques has a Seadoo for sale immediately next to the sidewalk. She said it's attached to a tree that Dove thinks belongs to the City. • Northern Lights Laser is a pothole haven and the hill south of the trail is an unsightly mess and it's dangerous. There are weeds that are overgrown. ■ Between Northern Lights and the next property there is broken asphalt and concrete portions. Hughes asked if it was the sidewalk and Dove said it's the pavement that adjoins the sidewalk. Maloney said we could talk about all the problem properties but until the ordinances are tighter, there isn't much that can be done. Dove thinks a letter to these nuisance properties with a deadline to clean up their properties would be appropriate Klein said she would like to see Reinhardt's list and prioritize and include the work Dove did and track them and tackle them one- by-one. Klein thinks the summer meetings would be a good opportunity to start to track these nuisance properties. Dove said City beautification should start with these nuisance properties along Shoreline Drive. Maloney asked about a form letter being sent. Friesen said it's necessary to start and not be accusatory. And once the trail starts there will be a whole new set of complaints as the back of these buildings are now exposed. Friesen would like to see this go to the Council for their okay before sending the letters. Mason asked about money available and Weinhardt said for general maintenance of all the plantings it's budgeted at $37,000 and George orlings estimate and quote for this year is $34,000 so that leaves $3,000. Mason said there's a beautification budget too. Reinhardt said he's right and there are some other items allocated such as $10,000 for trail expenses and a portion of city staff salaries that goes towards beautification. Mason said there's money left over from last year. Bredeson said there are two elements, maintenance and new growth and anything to make a difference. Bredeson said she recalls it being a budgeted item and it was a line item for years and she doesn't know they've ever seen an accounting of that. Bredeson believes the Planning Commission should be able to know what's available. Reinhardt said she doesn't think funding is so important right now but rather putting together a list and have it ready for next year. Klein asked if it's for sure there's $3,000 and Reinhardt said yes. Friesen said we should have the audit and the beautification portion of the budget can be printed. Hughes asked about the price of the evergreen tree on Spring Street. Bredeson said if we try to put together ideas, that's the best way to go about it. She said the beautification plan was first written about ten years ago and there has never been a tracking system in order to go forward. Reinhardt said it would be nice to know what's being asked for in terms of beautification and then when the budget planning comes around a specific dollar figure could be requested. Maloney asks what should be done this year. • Klein said she thinks tightening ordinances on junk vehicles and nuisance storage. Klein wants to spend money on looking at ordinances that we have currently in place and wants • to clean up the city. She doesn't think six old boats that are sitting there for years is necessary. Plan. Comm. Minutes — 05-09-2007 2 ■ Dove wants this expanded to commercial too. Reinhardt said there's a lack of enforcement measure. Dove wants to see enforcement by starting at the basics. Maloney agreed that is a key focus item. • Klein thinks sale of autos in residential areas should be tightened. Hughes said if he owns a vehicle he can put it in his yard for sale but someone else's vehicle for sale on private property would be in violation of the ordinance. The police could do a license check to see who the registered owner is. Maloney said if a car is parked in the middle of the yard, for sale or not, that is inappropriate. Friesen said that deals with tightening the ordinance so it states vehicles can only be parked on an improved surface. ■ Dove thinks it would be important to have a current code book. Reinhardt said there haven't been many changes except in the last year. Hughes said on January 1 st of every year at City Hall there should be a folder of updated materials and the first of every year everyone's books are updated. Dove thinks the updated ordinances needs to go out as soon as they are published and legal. Maloney suggested a note go out to members of the past years' updates and it's up to them to make sure their books are current. Maloney wants to know what we can spend money on this year and Neve thinks it's important to know how much money there is to work with. Reinhardt said on line meeting minutes from 2002, 2003, 2004 there are volumes of discussion relating to the sidewalks on Sunset Drive. Bredeson said there is one resident on Sunset Drive that was very vocal about no improvements being done on Sunset Drive and the majority of the rest of the residents took a wait-and-see attitude. Maloney thinks that's not a feasible ticket item and Reinhardt agreed stating the support for the Sunset Drive sidewalks may come into play after the trail is put in and trail users look to use Thor Thompson park. Dove asked once again for clarity on the money and there was $37,000 and Norliing's bid came in at $34,000 so there is $3,000 left and she feels this is not very much •money. ■ Dove said there are a lot of rusted sign posts and the light posts and she suggested some planters. Dove said there isn't a lot of money and the focus should be on the best use of the money. Hughes said Norling has been working with the County to get some of the light poles painted and repaired. ■ The retaining walls east of Minnetonka Motor Sports needs cleaning up. • Dove asked about the old Tonka building and the retaining wall there needs some attention. ■ The concrete retaining wall in front of Lakeview Lofts and the landscape stones need to be reset. Hughes said Buttenhoff owns the property and the entrance got torn up with the building. • Neve wondered if it wouldn't be better to take the surplus of $3,000 and roll it into next year and work with a bigger budget. ■ Reinhardt thought the Shoreline Drive and Sunset Drive garden might be a nice place for the $3,000. She said Norling gave an estimate of over $4,000 but it probably could be scaled back. Reinhardt said if there are some critical things the budget could always be amended for this year. ■ Maloney said directional signage for the parks would be nice. She doesn't think that would be a big deal. Maloney said they could go on an existing pole. • Maloney said the Spring Park sign coming from Mound on Interlachen would be nice. Neve wondered if Interlachen is major enough and Hughes responded it's a County road. • Maloney said she thinks it would be nice to say Welcome to Spring Park. • Dove thinks the signs entering the City on County Road 15 could use some attention. Plan. Comm. Minutes — 05-09-2007 3 • Mason asked about Certified Auto's gate on his fenced enclosure. Friesen said he doesn't want to put up a gate because of petty theft. Dove said he has cameras. • Mason asked about the grassy median between the parking lot and the sidewalk and • Friesen said it's in the County right-of-way. Maloney said he has planted some short evergreens along Shoreline and the fence but there's been some winterkill. Maloney said the outdoor storage ordinance should be put on next month's agenda and if there have been any changes. Hughes said regarding the outdoor sales and storage there has been a new document that has gone through Planning Commission and hours of workshop and the document that has been worked on and it needs to be resurrected. Reinhardt said that moratorium took precedence and the ordinance died. Klein noticed in the minutes that there is part-time help being hired for DJ and that person could maybe making a note of things. ■ Dove said she'd like to form a subcommittee and take a list and take a walk. Reinhardt said three is a quorum and it might be considered a meeting. • Bredeson said the right thing to do is to start with the ordinance. ■ Klein said to tie the infractions to an ordinance so there is something to refer to. ■ Maloney said another example is the Yamaha dealer that has been in violation for a long time. ■ Dove said identifying these items and working with the commercial properties is important and the City needs to do some follow through on these items. ■ Klein asked about the $200 fine and whether the ordinance for a sign after the fact is being enforced. Klein wants to see a copy of the letter sent to Lord Fletchers about the after-the- fact sign. Maloney asks about what to do now besides ordinances. ■ Klein wants to see the Shoreline Drive and Sunset Drive garden spruced up. ■ Dove wants the welcome signs spruced up. ■ Mason asks for clarification and Dove said make them stand out more, maybe painting or lighting. Hughes said this has been discussed about possibly replacing the signs as they may have met their useful life. ■ Maloney likes the idea of the intersection garden. Klein makes a motion and Maloney seconds to prioritize projects with funds from beautification and the intersection garden be moved to the top of the list. Dove no, all the rest ayes, motion carries. Hughes said regarding the park board there has been discussion about repair and maintenance of the parks and if there was money to do one park but not both, which one would take precedent. Commissioners said overwhelmingly it was Thor Thompson because of the regular usage and outside people coming to use the park because of the Little League games. Klein thinks it would be nice to have something called Spring Park Art in the Park. She thinks it would be a nice showcase for local artists. It doesn't need to be huge and it should showcase the park. Maloney asked if there's money for improving Thor Thompson park and Hughes said there is some money but not enough to do both. Maloney asked if there is action necessary from the Olanning Commission and Hughes said it's already in process. Dove thinks the money should go Plan. Comm. Minutes — 05-09-2007 4 towards the kids if they're using the park. Hughes thinks long-term there might be some extra money but it's far out and whether it will happen it's hard to determine. Weinhardt asked for a clarification and asked about taking the suggestion of the Sunset Drive and horeline Drive intersection garden to the Council. Klein would like to see the plan and so would Neve. Maloney asked if on a yearly basis there are RFP's put out or is the same contractor always awarded the contract. Reinhardt said she asked that question of DJ and he has said they've asked for pricing from Otten Bros, etc. and Norling always comes in just a little under. Bredeson asked about when the trailhead opens will there be an entire new frontage to think about, will our current ordinances apply and what is our involvement to make sure the trailhead is a success. Reinhardt said there has been a submittal of our requests and we haven't heard anything back. Bredeson said there's going to be he same problem with screening and what can the ordinance process do to make sure these areas are kept clean. Maloney said the hope is the ordinance will address storage for everyone. Bredeson said it's important to remember there will be an entirely knew presentation of Spring Park when the trail comes through. Mason asked about extra planters to the west and maybe some smaller ones on Shoreline Drive. Hughes said they talked about businesses buying some planters. Mason wanted to know about the welcome sign on Interlachen and Hughes said it should go as a recommendation. Klein makes a motion and Mason seconds to recommend to the Council to look into and explore a welcome sign on Interlachen. All votes ayes, motion carries. b) Update Island Harbor i. Final Plat approval to May 7th Council Meeting Friesen said the plat was approved and it's moving forward. I& c) Continuation of Christmas in May/Rebuilding Together yler is not at the meeting so this will be delayed. 6. COMMUNICATIONS a) June Calendar b) Council Meeting — April 16, 2007 (unapproved) Hughes said he would like to refer to page 6, at the top, the design ordinance where Rockvam said an ordinance change needs a 4/5ths vote and the attorney said it's only a simple majority so that ordinance did pass in favor. Bill Turner in the audience asked about a 3/5th vote for a zoning ordinance to pass and 4/5ths on the comp. Turner asked about a public hearing on an ordinance change and he wondered what the shelf life is. Neve said he thought it's 60 days. Klein said she wants this reported back; what is the shelf life regarding how long the Council has to respond from a public hearing and the action from the Planning Commission. Hughes said the Council on a regular basis takes on a public hearing at the Council level and the meeting could be continued so care has to be taken if whether the meeting was continued. Klein said there was a recommendation to the Council on driveway setbacks and it was unanimous there should be no change. Klein said in section 7 Turner asked about the status of the driveway issue. She feels Turner has not gotten a timely response to his complaint. Klein said after the concerned parties were gone from the Council meeting the mayor asked for a motion about driveway setbacks and asking for a motion to change the ordinance. Dove feels if the Council isn't going to take what the Planning Commission says is valid then what is the point. Hughes said the setback has to be ten feet and Winks it's a separate issue and he said in upcoming Council meetings there is information from the planner. While the issue is out there the facts aren't out there yet. Klein feels she has to show Plan. Comm. Minutes — 05-09-2007 5 up at every Council meeting because she can't trust her city government. Maloney said she felt the Planning Commission could be doing things for the Council. She feels the Council is redoing the work that has already been done. Reinhardt thinks it may have to do with who's at the table nd not what is on the table. Maloney thinks the confidence in the Planning Commission is not here from the Council. Hughes said he used to feel the same way but now that he's on the Council he sees the other side from a precedence standpoint and a legal standpoint. Hughes remembers years ago when there wasn't even an administrator at those meetings. Hughes said the Planning Commission in Spring Park has come a long way. For instance when a variance request would come up, many times the planner wasn't even consulted. Turner thinks the planners are being directed to come up with specific answers. They are giving Spring Park advice that doesn't apply to other cities. Turner said Petrik and Brixius have no other cities with zero setbacks on the driveways and he said Brixius asked Rockvam three times if he wanted the ordinance reworked to be more mainstream and Rockvam turned it down. Turner said it's not the best advice being given. Maloney said the City does give direction to the planner and that's why it's being addressed. Maloney thinks luckily the people on the Council have the best interests of the City. Turner believes the public hearing has expired. Turner wants to see this done correctly and the city planner asked to bring in several options instead of specific requests. c) Annual Board of Review — April 30, 2007 (unapproved) Hughes wants to make a comment about the new assessor assigned to Spring Park and feels he is developing a very fair comparison process. d) Building Permits Issued — April 2007 e) Memo regarding Spring Park Marina Center Park and Ride f) LMCD Newsletter, Spring 2007 i. MISCELLANEOUS • Mason asked about the newsletter and why it shrunk. Mason said residents aren't being notified of changes. • Maloney suggested adding little news blurbs to the website stating what's going on. • Mason said he doesn't get the agenda any more. ■ Mason thought the Planning Commission packet in a binder at the meeting, that can be passed around, would be helpful. ■ Maloney asked about Certified Auto Repair sign that is on the grassy area. She feels it's blocking the visibility view from West Arm Road. ■ Maloney said regarding the Terra North signs on the Yanik property and the signs were supposed to be nice and white and feels there is a temporary sign underneath. • Maloney wants to know the status of the West Arm lift station landscaping. Hughes said he thought there were some planters coming in. Reinhardt isn't sure where we're at with it. Maloney asked if any additional would have to come out of City budget. Maloney wants to know how much was spent on the landscaping it so far. • Dove is concerned about vehicles that are working on West Arm West in regards to signage that warns drivers there are men working and large trucks. ■ Maloney asked if Concept Landscaping has plans to seed the area around the culvert because mud flows into the lake. She feels there should be something done that protects the flow into the lake. • Plan. Comm. Minutes — 05-09-2007 6 8. ADJOURNMENT Bredeson makes a motion and Klein seconds to adjourn the meeting at 9:23 p.m. • Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • is Plan. Comm. Minutes — 05-09-2007 7 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION JULY, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — June 13, 2007 5. PLANNING COMMISSION a) Draft Nuisance Property Letter i. Surrounding Communities nuisance property ordinances b) Animal Ordinance — barking dogs c) Expenditure Guideline/Audit 2006 6. COMMUNICATIONS a) August Calendar b) Channels 8 & 20 Schedules c) Council Minutes — June 18, 2007 d) Police Commission Meeting — June 20, 2007 e) Building and Sign Report, 2n6 quarter f) Three Rivers Trail Update, memo dated June 22, 2007 g) LMC Land Use Seminar, July 24th in Chaska h) Ridgeview Medical Clinic open house, August 14, 2007 7. MISCELLANEOUS 8. ADJOURNMENT • Plan. Comm. Agenda—6/14/06 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA • PLANNING COMMISSION AUGUST 8, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — July 11, 2007 5. PLANNING COMMISSION a) Temp Sign Permit Application, 07-09S, Zhen Spa, temporary banner sign b) Temp Sign Permit Application 07-10S Ridgeview Clinic Open House c) Permanent Sign Permit Application, 07-11 S Leroy Signs for Donnybrooke Auto Repair, 4444 Shoreline Drive d) Permanent Sign Permit Application, 07-12S Signia Design, Inc for Zhen Spa, 4100 Spring Street e) Permanent Sign Permit Application, 07-13S • Signia Design, Inc for Zhen Spa, 4100 Spring Street f) Permanent Sign Permit Application, 07-14S Signia Design, Inc for Zhen Spa, 4100 Spring Street g) Permanent Sign Permit Application, 07-15S Signia Design, Inc for Zhen Spa, 4100 Spring Street 6. COMMUNICATIONS a) September Calendar b) Council Meeting — July 16, 2007 c) Council Workshop — July 25, 2007 d) Com Plan Update — NAC 7. MISCELLANEOUS a) Building and Sign Report, July 2007 b) Planning Commission Attendance c) Variance Log d) Conditional Use Log e) Reminder excerpt from previous PC minutes: "Hughes wondered if in regards to clean up activities, sometime in August or September there could be a joint meeting in order to clean up a list of things that have been requested, whether it's dog ordinances, whether it's attendance, and budgeting items that might be forthcoming. Hughes said just tonight alone there have been some things that have been brought up." *ADJOURNMENT Plan. Comm. Agenda—August 8, 2007 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION AUGUST 8, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER: Chair Maloney called the meeting to order at 7:01 p.m. Pledge of Allegiance 2. ROLL CALL: Mork-Bredeson, Maloney, Mason, Dove. Tyler, Klein, Neve absent. 3. ADOPT AGENDA. Mork-Bredeson makes a motion and Maloney seconds to adopt the agenda. All votes aye. Motion passes. 4. APPROVAL OF MINUTES —July 11, 2007. Mason makes a motion and Maloney seconds to approve the minutes. All votes aye. Motion passes. 5. PLANNING COMMISSION a) Temp Sign Permit Application, 07-09S, Zhen Spa, temporary banner sign b) Temp Sign Permit Application 07-10S Ridgeview Clinic Open House c) Permanent Sign Permit Application, 07-11 S Leroy Signs for Donnybrooke Auto Repair, 4444 Shoreline Drive A representative from Leroy Signs are proposing to put up a 7x12 lighted sign. He said Donnybrooke wants to ®rid of the temporary banner. He said they want to be able to advertise for auto mechanic services and the rner is going to seal coat and blacktop the parking lot and do some landscaping. In regards to the proposed sign, he said the owner is looking to move the utility box and the sign will be internally lighted with graphics. Mork-Bredeson asked about the banner sign and Leroy Signs said no, the banner sign would not be in place. He said the cabinet colors would be yellow and the poles red in keeping with the racing colors. Mason asked if he's going to change the colors of the building. Leroy Signs said the owner might but doesn't know at this time. Mason asked about landscaping and Leroy Signs said the owner's intention is to put in some bushes. Maloney asked about the poles and the foundation and Leroy Signs said the poles and foundation are in good shape. Mason asked about the timeline for replacement and Leroy Signs said in about two weeks. Mason said the questions are asked of applicants at this time because it presents an opportunity to find out what future their plans are. Hughes asked about the electrical being hooked up to the sign and Leroy Signs said the owner will probably be handling that part. Maloney asked that he fill out a proper application as it was mistakenly filled out on a Spring Lake Park sign application. Mork-Bredeson said that the City has a recommended color scheme and it's blue and grey's with red accents. She said it's understandable they want their own color scheme but neon blue and red accents are the recommended color scheme. Mork-Bredeson makes a motion and Maloney seconds to accept the sign application with the condition that the application is correctly filled out on a Spring Park application form and the suggestion of the suggested Spring Park colors of blue/grey with red accents be considered. (Let it be known the applicant from Leroy Signs discussed the color change with the owner and the owner wants to stay in keeping with his already established color scheme of yellow, red and black.) • d) Permanent Sign Permit Application, 07-12S Signia Design, Inc for Zhen Spa, 4100 Spring Street e) Permanent Sign Permit Application, 07-13S Plan. Comm. Minutes — August 8, 2007 1 Signia Design, Inc for Zhen Spa, 4100 Spring Street f) Permanent Sign Permit Application, 07-14S Signia Design, Inc for Zhen Spa, 4100 Spring Street g) Permanent Sign Permit Application, 07-15S Signia Design, Inc for Zhen Spa, 4100 Spring Street Since the sign applicant, Signia Design, was absent from the meeting, Mork-Bredeson suggested we look to approve the three signs that aren't a problem and, if they are interested in the flag sign, they need to get approval from the County. Mork-Bredeson makes a motion and Maloney seconds to accept sign applications 07-12S, 07-13S, 07- 14S, the two outside building mounted signs and the monument sign and to not approve sign application 07-15S, the flag sign. All votes aye, motion passes. Hughes would like mentioned a specific location for the monument sign and Mork-Bredeson stated it would just needs to be in compliance with the setbacks. 6. COMMUNICATIONS a) September Calendar b) Council Meeting — July 16, 2007 c) Council Workshop — July 25, 2007 d) Com Plan Update — NAC Maloney asked if there was any action needed on this. Friesen said Brixius will be at the next Council meeting. Mason asked when it needs to be completed and Friesen said it needs to be submitted to the Met Council by November, 2008. 7. MISCELLANEOUS a) Building and Sign Report, July 2007: Mason asked about the Tree Trust and if that's who installed the gate at the trail head. Mason was told yes. b) Planning Commission Attendance. Maloney asked about the joint meetings in regards to attendance and she said Planning Commissioners aren't required to attend so she just wanted to make that knowme Maloney said she's hoping attendance will improve. c) Variance Log d) Conditional Use Log Mason said it's nice to have this in order to look back in case there is something similar in the future. e) Reminder excerpt from previous PC minutes: "Hughes wondered if in regards to clean up activities, sometime in August or September there could be a joint meeting in order to clean up a list of things that have been requested, whether it's dog ordinances, whether it's attendance, and budgeting items that might be forthcoming. Hughes said just tonight alone there have been some things that have been brought up." Dove asked about the response on the clean up letter that was recently sent to homeowners. Friesen said she received calls stating it was wrong of the City to send it out and other callers were really glad that the letter was sent as they felt it was about time. Dove said she thinks some efforts have been made and Maloney said what's interesting is the businesses didn't receive the letter yet they seem to be cleaning up. Mork-Bredeson suggested in the next newsletter something be said about the response on the clean up letter and how some thought it was the wrong thing to do and others felt it was about time. She said it gives it second press. Maloney said she likes the Mayor's statement in the summer newsletter about getting along with neighbors. Mason wondered about the volunteer appreciation dinner as it's about that time again. He thinks if notice can get out sooner, there might be a better attendance. Hughes wondered about what the auditor said about it and Friesen said it's probably okay as long as it isn't abused. Maloney suggested September would be a better time for the dinner than August. Mason said he's talked to former commissioner Sippel and he may be interested in applying again as his job • situation has changed and he would once again be available to serve. Plan. Comm. Minutes — August 8, 2007 2 Mason said some of the things discussed at the last meeting weren't brought up at the Council meeting. For instance the dog licensing and Friesen said it was mentioned and it didn't go anywhere. Hughes said they would almost need a real specific list versus just some ideas. Mason wondered if this should be devised. Mason said to up with a list of things and priorities and they might want to discuss these things. Maloney thinks it might be We ssary to go through some minutes in order to determine priorities for a joint meeting discussion. Mason doesn't want to lose this and he wants to keep it going. Maloney said parks are usually in discussion and she said they talked about doing some things now such as the bleachers and dug out benches. Mason said playground equipment was discussed. Friesen and Hughes said there will be budget items to be discussed for next year. Maloney said when they were talking about this, they were hoping some items could be done now. Hughes said it's always the possibility. Maloney said she thought it was talked about. Hughes said he was thinking more in terms of setting the budget and that's why it was asked what their wish lists were. Friesen said the tennis courts are currently being redone and Wilkes Park is supposed to have some work done. Mason said he thinks there's still money left in the beautification fund. Mork-Bredeson said this has been gone through before, whether there is a fund for these items but, the need needs to be communicated and approval needs to be sought. Mork-Bredeson said it isn't a matter of having a set amount and any money left over can be spent on what they want. Maloney asked if these items were discussed at the first budget meeting this week and Hughes said they haven't gotten that far. Work projects haven't been discussed yet. Mork-Bredeson said as beautification items come up, notes need to be taken in order to reflect back and prioritize. Hughes said the only major item done outside of the budget was the flag pole at Thor Thompson Park. Mason asked about Norling's $30,000 and whether that's part of the beautification. Friesen said there are some things that can go towards the maintenance budget and even though there is money left over from Norling's budget, there are still four months left of the year and there are expenses that will be coming up yet. Mason asked if they have a fund in which they can use money dedicated towards beautification that they can draw from. Friesen said everything has to have Council approval so it's not like it's there to be spent. Mork-Bredeson said it would be nice to pull from the financial accounting everything that's been spent on beautification this year. She said there should be a classification of expenses so they can actually see what's been spent. Hughes said he's hearing Mork-Bredeson say beautification should be dedicated to new and approved i and everything else should be maintenance. Mason asked how the planters by Lift Station 6 were paid for. Dove thought maybe from the lift station fund. Maloney said they are well maintained. 8. ADJOURNMENT. Mork-Bredeson made a motion and Maloney seconded it to adjourn the meeting at 7:43 p.m. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Plan. Comm. Minutes —August 8, 2007 3 3� CITY OF SPRING PARK 08/15/07 . *Check Summary Register© August 2007 Name Check Date Check Amt 10100 Wells Fargo Bank NA Paid Chk# 023352 ABDO EICK&MEYERS,LLP 8/20/2007 $338.87 May 07'Accountant Services Paid Chk# 023353 ANDERSEN EARL F, INC 8/20/2007 $77.05 Stainless Steel Brackets Paid Chk# 023354 ARAMARK UNIFORM SERVICES, 8/20/2007 $73.51 Uniform Cleaning Paid Chk# 023355 BIFFS,INC. 8/20/2007 $206.91 July 07'Restroom Rental Paid Chk# 023356 BLOOMINGTON CITY OF 8/20/2007 $27.50 July 07'Water Testing Fees Paid Chk# 023357 CARLSON TRACTOR&EQUIP 8/20/2007 $98.29 Blades for Tractor Paid Chk# 023358 CARQUEST AUTO PARTS STOR 8/20/2007 $215.90 Gas&Oil Paid Chk# 023359 FARNIOK,SHARON L. 8/20/2007 $29.44 Exp.Reimb.Meals,Mileage&Misc. Paid Chk# 023360 GOPHER STATE ONE-CALL 8/20/2007 $33.35 23 ea.Locates Paid Chk# 023361 GRAINGER 8/20/2007 $463.35 Supplies Paid Chk# 023362 HAWKINS, INC. 8/20/2007 $15.00 Water Chemical Supplies Paid Chk# 023363 HENNEPIN CNTY INFO TECH DE 8/20/2007 $34.40 Aug.07'Radio Admin Fee&MESB Paid Chk# 023364 HENNEPIN CNTY WORKHOUSE 8/20/2007 $139.00 June 07'Room&Board Paid Chk# 023365 LEAGUE OF MN CITIES INS TRU 8/20/2007 $806.00 Workmen's Comp.Premium 3/16/0 Paid Chk# 023366 MARTIN BENEFIT ADMIN, INC. 8/20/2007 $50.00 Aug.07'125 Participant Fee Paid Chk# 023367 MEDIACOM,LLC 8/20/2007 $45.95 Cabe Service 8/9/07-9/8/07 Paid Chk# 023368 METRO COUNCIL ENVIRON SER 8/20/2007 $13,192.95 Sep.07'Wastewater Service • Paid Chk# 023369 METRO SALES INC 8/20/2007 $34.27 Blk.Toner Shipping Cost Paid Chk# 023370 MITCHELL, DAVID&MARY 8/20/2007 $160.00 Aug.07'Office Cleaning Serv. Paid Chk# 023371 MOUND POLICE 8/20/2007 $136.32 Dog Boarding Fees Paid Chk# 023372 NAVARRE TRUE VALUE HARDW 8/20/2007 $294.03 Supplies Paid Chk# 023373 NORLINGS LAKE MTKA LANDSC 8/20/2007 $3,113.25 Jun.07"Landscape Maint. Paid Chk# 023374 NORTHWEST ASSOC CONSULT 8/20/2007 $490.30 Phone call from Mark Carlson r Paid Chk# 023375 PITNEY BOWES 8/20/2007 $300.00 Refill Postage Meter Paid Chk# 023376 QUALITY RESTORATION SERV 1 8/20/2007 $1,080.33 Thor Park Parking Lot Water Li Paid Chk# 023377 QWEST 8/20/2007 $230.90 Jul.07'Local&Long Distance Ph Paid Chk# 023378 SCHOELL MADSON 8/20/2007 $3,777.95 Minnetonka Mist Const.Observat Paid Chk# 023379 SUBURBAN RATE AUTHORITY 8/20/2007 $200.00 2007 2nd Half Membership Asses Paid Chk# 023380 SUN PATRIOT NEWSPAPERS 8/20/2007 $312.35 Published Ordinances 07-01-07- Paid Chk# 023381 SUPERIOR STRIPING INC 8/20/2007 $475.00 Parking Lot&Roadway Paid Chk# 023382 TEMACA LAWN SPRINKLERS IN 8/20/2007 $152.14 Bldg.&Grounds Irrigation Paid Chk# 023383 XCEL ENERGY 8/20/2007 $4,988.07 Lift Stations Electric Bill 6/ Total Checks $31,592.38 CITY OF SPRING PARK 08/15/07 5:15 PM Pagel *Check Fund Summary Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $9,257.87 601 WATER FUND $5,997.93 602 SEWER FUND $16,336.58 $31,592.38 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION September 12, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Maloney called the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL: Commissioners Bill Tyler, Jean Mork Bredeson, Norina Dove, Sera Maloney, Graham Neve, Mike Mason. Commissioner Klein absent. Staff present, Administrator Friesen, Deputy Clerk Lewin and Council representative Hughes. 3. ADOPT AGENDA Mork-Bredeson makes a motion and Dove seconds to approve the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES —August 8, 2007 Dove makes a motion and Mason seconds to approve the minutes. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Comprehensive Plan i. Affordable Housing Article Maloney asked about the scheduled meetings; how often they meet and when it will start. Hughes said the interviews for the council are tomorrow and there's going to be an ad placed in the local newspaper for citizen input. Friesen said it will probably depend upon the convenience of the group. Hughes thought it •dvould start a couple of weeks after the ad is in the paper. Friesen said it will probably be structured like the moratorium was and probably one meeting a month. Hughes suggested asking Brixius for a tentative schedule. Mason wondered how long it would last and Hughes thought six to eight months. Friesen thought it could go as long as a year. Maloney polled the commissioners for interest on the task force. Mork-Bredeson said she'd be interested in being an alternate and Dove stated she would be willing to serve. Neve doesn't know that he would be able to offer much. Friesen said it's really about what the city should look like in the future. Whether it's going to be hi-rise condos, trails, parks, whatever. It's a gamut. Maloney said it isn't anything that is set in stone it's more of a futuristic guideline. Hughes said the council is looking for a mix of people, perhaps Buttenhoff from a business standpoint and someone from the condos. A cross section. Mason asked if there's any bearing regarding someone's longevity in the community. Friesen said it should be a group consensus and a personal agenda might not be good. It's more visionary and goal setting. Hughes said surrounding communities should be looked at for what their future planning is. Maloney asked if others could sit in on the meeting if they weren't part of the task force and Friesen said it's an open meeting so, yes. Hughes said it will be recorded and it would be available via a Wave file. Friesen said it will be made up of various sections regarding green space, transportation, housing, etc. so there can be some picking and choosing regarding the interests. Tyler stated he would be interested in serving. Mason said he's interested but he wants others to have the opportunity. He said he'd probably attend the meetings regardless. Mork-Bredeson suggested Mason be the first alternate and she'll be the second alternate and Dove and Tyler will serve as the Planning Commission representatives. Maloney makes a motion that Tyler and Dove are the Planning Commission representatives and Mason and Mork-Bredeson are the alternates, as needed. Mason seconds the motion. All votes .ayes, motion passes. Planning Commission Minutes—September 12, 2007 1 Mason thought the article in the packet regarding affordable housing has been duplicated before. Friesen looked up the website in terms of affordable housing and Spring Park has no goals. Maloney wondered if we already meet it. Neve asked if there's anything for Spring Park. Friesen said those that haven't met their goals it's usually attributed to high land costs. Hughes said the property from Black Lake Road to the BP station at 4311 Shoreline Drive is zoned commercial even though there is residential housing. He wondered if it should be rezoned. Hughes thought the north side of Shoreline would be great for housin . Mork-Bredeson stated in comparing other communities, Spring Park on a percentage must be high density because of the multiple housing units of apartments and condos so she's not sure what we can do. Mork-Bredeson says she feels there's enough high density. Mason asked if property taxes are cheaper for commercial versus residential and Friesen and Mork-Bredeson said no. b) Expenditure City Beautification 2007 Audit Detail Maloney said this is more a FYI. Friesen instructed members to look at the back page and the breakdown for what was spent in 2006 and what's been spent so far in 2007 and what's budgeted for 2008. On the front page, it breaks down what was spent categorically. She said on the back of the page it shows the beautification budget for Norlings. Mason asked what the word "trans" meant and Friesen said it's part of the computer program and means transaction debit/credit. Mork-Bredeson said there is something called beautification and the other is maintenance and beautification is an effort to improve the thoroughfares and maintenance is more for the upkeep. Mork-Bredeson said there is a lot being spent in landscaping and it doesn't include snow plowing. Friesen said that's correct, no snow plowing. She said it's more maintaining the plants. Mork-Bredeson asked if it's put out to bid every year and Friesen said it hasn't been but it's being discussed. Mork-Bredeson said she doesn't see anything in beautification for new efforts. She sees more maintenance. She wondered how that can be pulled apart and maybe be budgeted differently. Friesen said it could be if we worked with someone other than Norling because it's the way he bills. She said it's a lump sum thing and he doesn't break it down to specifics. Mork-Bredeson said any vendor should be able to break it out. Hughes said what Norling does is a defined activity. He said the Planning Commission wanted to put emphasis on the parks and Goman has used about a $3,000 figure for maintenance. Friesen said $5,000 is the threshold. Hughes said Goman already has an order in for new dugout benches and is looking at getting quotes for bleachers. Hughes said it's outside of th� Norling's maintenance. Mork-Bredeson said one of the challenges the commission faces is upholding the beautification plan and they don't know how much they have to spend. Friesen said the council is the only one that can spend money and what the Planning Commission should be doing is coming up with the ideas and bringing it to the council, especially if it's a major expenditure. Tyler asked if there's a separate budget for beautification and whether there will be conscious decisions and he thinks there's some value to separate that out. Friesen said the city beautification is $34,000. In the past that entire $34,000 has been spent by Norling. Mork-Bredeson said that's technically maintenance. Friesen said she understands that it looks like maintenance and then if there's more money being requested for new projects, that's more money. Mork-Bredeson understands what's being said but PC members would like to have a flag to wave showing the improvements that they have implemented and it's not maintenance. She believes it's important to make a difference and not just maintaining. Mork-Bredeson requests consideration for a chart grouping new improvements and suggests maintenance be someplace else. Putting up banners is maintenance, new banners is an improvement. Friesen said there has been some reduction because there was a thought that Three Rivers might be contributing because of the trail coming through. Mork- Bredeson asked if this can be a request to the council for maintenance and improvement and subcategory it out under beautification. Friesen said what she thinks Mork-Bredeson is saying is that the $34,000 should be more apportioned out. Mork-Bredesonsaid when they recommend an improvement they know there's maintenance that goes along with it. Mason said he thinks it's an accurate way to know what they have to work with and it isn't a blind recommendation. Mork-Bredeson said it's the perfect opportunity for request for benches along Shoreline when the trail comes through. Neve asked about the projection about the trail and light rail and Friesen said they've heard 20 years but it's hard to say. Maloney asked it's gone out to bid and Friesen said there hasn't been any notification lately. Mason asked about the is Planning Commission Minutes —September 12, 2007 2 preparation of the trail and Friesen said there shouldn't be a lot of preparation because it's a solid base and they want a natural look. Maloney wondered where to look for current information as she said even Three Rivers minutes online don't say much. Tax rate history was included in the packet in order to show a historical perspective regarding the tax levy *and how it has fluctuated through the years. Between 2004 and 2005 there was a transfer made into the public improvement fund so the money is still there, it's just in a different fund. c) Nuisance Properties i. Fall Clean Up Maloney wondered if there's been any response to the general letter sent out and Friesen said it's been interesting because two individuals have called up recently explaining that they've been working on cleaning up their properties but they aren't quite there with the September deadline. She said the council would like another"nice" letter sent that is specific to certain individuals deemed to have nuisance property and it would go out on a complaint basis. The CSO won't be actively looking for violations, it will be generated through complaint. Tyler asked about objections received by the city from property owners and Friesen explained there were a few that said it was their property and the city didn't have a right to tell them how to keep their property and Friesen said they were told it wasn't a hard line tactic and it was more about property values and neighbors that continually leave items that don't get used or moved and it devalues the entire area. Hughes asked about the phone number listed in the fall clean up and whether it is a correct number or not. Lewin said she'll check on it. Neve asked if a clean up letter has been sent out to businesses as he noticed the Laser Light building is cleaned up. Friesen thought they might have sold the business. Hughes said he thinks the Powerhouse business might be gone too. d) Approved Temporary Signs — The Mist Friesen said three temporary signs were approved administratively and the number of signs was discussed. It ended up where there were three temporary sign permits issued for one month because traditionally that's what it's for. Friesen said the marketing company is going to appeal the sign ordinance and appeal to the city council and they want to put as many up as they can and for a longer time. Maloney thinks it looks good now. Tyler asked how many condos are still for sale and Friesen said it's more than half. Tyler wondered how many were homesteaded and Neve thought there were about 10-12 according to the Hennepin County website. Neve said there were investors that had paid a lot of money for the units and are now trying to sell them for a lot less. 6. COMMUNICATIONS a) October Calendar b) Council Meeting —August 20, 2007 c) Police Commission Minutes —August 21, 2007 d) Channels 8 & 20 Schedules e) Building and Sign Report —August 2007 Mason asked if Togo Road got his fence permit and wondered if it was board on board. He thought it was a costly fence at $8,000. f) Appreciation Dinner notification Maloney said hopefully everyone has received this and replied. Maloney said it's fun and it's a good dinner. 7. MISCELLANEOUS Tyler said he will update what Graham, Sarah and he have been working on. He said it's similar to the Christmas in May concept and they've met on a couple of occasions. They have a project plan with five major activities. One is the application process for homes that need a sprucing up. Reinhardt will lead that. Communication and marketing in order to make it known throughout the community and Neve is Oeading that. Tyler is leading the donations from businesses and residents effort. He said a letter will go Planning Commission Minutes—September 12, 2007 3 out to area businesses with a follow up phone call soliciting funds in cash or donations. They will also be looking for volunteers and how the project will be managed. Tyler said they're not sure how this will go. They might not have anyone apply. He said they don't know if they'll get any contributions from anyone. The date is still TBA and they are looking at sometime in May but it's a busy month for everyone as a rule so it might be changed. Tyler said if there's a fair amount of funding received and it exceeds what's needed, perhaps those dollars could be spread out in the beautification plan. They are still looking for help with the committees. Hughes asked about soliciting businesses and he wondered about just Spring Park or where Spring Park residents spend their money. Hughes thinks paint and building materials might spread out beyond the local businesses and some of the bigger businesses have philanthropic funds available. Mason thinks it's better to solicit supplies versus actual cash. Target and Cub Foods might even donate manpower. Neve didn't know if they were trying to go that broad. He said they're looking more within the community but some of the big businesses might be a good place to check. Mason asked about the home improvement show (Extreme Home Makeover) and they might be a good resource in terms of asking them how they get it done. Mork-Bredeson said as visible as the program is, whatever comes about from Spring Park's program, it's important for the media to know that Spring Park is trying to do something similar to Extreme Makeover. Mason just thinks it's important to use it as a guideline. Tyler wondered what to ask for as far as a contribution. He wondered if they should state a figure. Dove thinks a list would be nice to give them an option. Hughes said a checklist such as financial contribution and a blank line, manpower and a line, etc. Tyler thought maybe a blue, silver and gold donation level. Mason said it would be nice to know the project and what the needs will be in order to ask for specific things. Tyler thinks it's important to know what they'll have to work with. It's difficult to tell someone they're going to help them with their home and then not come through with the financing. He said donations of supplies or even food items in order to help on the day of the event would be a goal. Mork-Bredeson wondered if it will be on a pledge basis so there won't be a necessity to stockpile things. She said she did a fund raiser for a sport teams and she spoke with a Target store manager and she was able to garner $100 in gift cards. Mason suggested Bennyhoff at the Minnetonka Drive-In and he's always very willing to help out and contribute food items. Mork-Bredeson said it's a local business and • Dove said most local businesses are good about donating. 8. ADJOURNMENT Mork-Bredeson made a motion and Dove seconded to adjourn at 7:57 p.m. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Planning Commission Minutes— September 12, 2007 4 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA • PLANNING COMMISSION JUNE, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — May 9, 2007 5. PLANNING COMMISSION A. Spring Park Nuisance Ordinance i. Current Spring Park Code, Article IV. Nuisances ii. Examples of letters sent to nuisance properties within our city in the past year iii. Suggestions from a property owner in regards to what they believe would help define an updated nuisance ordinance B. Continuation of Spring Park Beautification Plan i. Memo from Sarah Reinhardt dated 5-14-07 ii. Memo from Norina Dove dated 5-14-07 C. Ordinance No. 62.10, Subd D., 2 — Accessory Buildings • i. Current Spring Park Ordinance No. 62.10 ii. PC discussion topic for change to regulating the footprint and maximum height of accessory Buildings 6. COMMUNICATIONS a) July Calendar b) Council Meeting — May 7, 2007 c) Council Meeting — May 21, 2007 d) Administrative Committee — May 22, 2007 e) Special Council Meeting — May 30, 2007 f) Council Meeting Minutes — June 4, 2007 - Unedited and Unapproved g) Requested letter mailed to Lord Fletcher's dated December 20, 2006 regarding sign ordinance. h) Building and Sign Permit, May 2007 i) Letter from Metropolitan Council regarding population estimates and households j) League of MN Cities article regarding Staging a Community Event — Spring Park Art in the Park/Christmas in May F.) League of MN Cities article regarding Community Visioning 1) League of MN Cities article Developing a Shared Sense of a Desired Future m)Updating the zoning code books 7. MISCELLANEOUS 0 ADJOURNMENT Plan. Comm. Agenda — June, 2007 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION JUNE 13, 2007 7:00 P.M. — CITY HALL 1 . Call to Order 7:01 Pledge of Allegiance 2. Roll Call: Maloney, Tyler, Neve, Mason. Mork-Bredeson excused, Klein and Dove absent. Audience, Sue Baker, Scott Suttle, Bill Turner. 3. Adopt Agenda Maloney said two persons want to speak so a public forum will be added to the meeting and It will be added between 4 and 5. Mason makes a motion and Tyler seconds to adopt the agenda. All votes aye, motion carries. 4. Approval of Minutes — May 9, 2007 Maloney makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. Addition to Agenda: Public Forum Chair Maloney asked speakers to limit their comments to about five minutes. SLfe Baker said she's lived on Black Lake Road for about eight years. Baker was at the Council meeting last week and there has been a concern about trash and stored vehicles and it's been on the back burner for too long. Baker said in conversations with others she has learned that these ordinance changes have been in the making for eight years. She wondered who will take charge and make sure this gets taken care of. Baker said a huge building can be built in one year and yet we can't get an ordinance passed. Baker said she spends time and money keeping her home looking nice and the neighbor parks their boat right on the road for seven months out of the year. Baker thought maybe she'd put a P.O.D. in her yard and it could be called POD Avenue. Baker said Mr. Dittich was at the past Council meeting and he was very upset with the amount of time that it takes to get something in motion; things that aren't moved for a long period of time and it's allowed to sit there. Baker said she doesn't think it's fair and it's disrespectful. Maloney said she is sympathetic with Baker. She said the Planning Commission is trying to clean up the City and they are appalled. Maloney said the hope is by making changes to the nuisance ordinance it could help preserve property values. Baker said there is a clean-up day that is free and she suggested stuff be put out for pick up. There is a boat on the street that has a tree growing out of it. Baker said she has volunteered to do whatever it takes to get this going. Hughes said the City has been looking at outside sales and storage and that's been ongoing for a long time. Baker passes out her outline and she researched surrounding lake communities. She said these items need to be screened and junk should not be sitting around. Baker said if it's perfectly okay for some to destroy the neighborhood then she's going to put up a snow fence and bring in an RV because apparently she can do that. Baker said Mound is surrounded by communities with covenants, i.e. Sunnybrooke who doesn't allow these items in the driveways, at all. Baker said she wants to volunteer her time and she doesn't have time to be on the fenning Commission this year but she's going to make an attempt to attend the meetings from now on. Planning Commission — June 13, 2007 Page 1 Baker asked how often she will have to address this. She wants to make this happen. Maloney said she believes the community will see things happen. Hughes said for Baker to look at the end of the last Council meeting and the mayor did comment about maybe taking a look at this. Mason asked Baker why it has taken eight years for her to get this going. Baker said she doesn't really speak with her neighbors. Baker said she should have brought it up sooner. She feels it took time for her to get to this point an � she's at her limit. Scott Suttle, lives in Sue's neighborhood at 2477 Black Lake Road. Suttle said on their street, in particular, it is extreme. He said he's lived there about five years and he's been trying to clean up his yard. He said a neighbor's boat sank at the dock five years ago, it was recovered with the intent of being restored and it's still sitting there. Suttle hopes it's time to address this and it's simple and it should be dealt with quickly. He said there are photo examples and samples of surrounding ordinances from neighboring communities that have been passed around. Suttle asked how to get the ordinance enforced. Friesen said it takes the cooperation of the city, police and city staff and she feels we need a direction from the Council to start getting these things done. She feels we should start small, perhaps boats; ones that have been sitting for a long time. Friesen said it's difficult to all of a sudden start enforcing everything because the police will be disturbed about this. Bill Turner. 2258 Hazedell Avenue. He apologizes for hijacking the last meeting. Turner commends Sarah Reinhardt for having a higher standard. Turner stated the Council passed the driveways setbacks and he feels they've trashed a good ordinance to cater to a few people. He says they've spent a lot of money doing it and it's time this stops. He said it's going to be coming back on the agenda because something was missed but the effort is to eliminate driveway setbacks. Turner said he's looking at accessory structures. Turner claims it's the 2"d phase of the Pollock ordinance and it's special interest. He said there shouldn't be allowed 29 foot twin engine boats stored on our small lots. Bass boats do fit in with the lake community but 29 foot boats need to be commercially stored. Turner claims he looked at ordinances and spent over$100,000 on their home and now they have no green space to look at out their window. Maloney said the Planning Commission is aware about how strongly he feels and it's beO presented in the past. Maloney said unless there's something different tonight, we've heard it before. Turner said he just wants to make sure the Planning Commission knows about the passage of the driveway setback. Maloney asked Turner if someone were to build an attached structure that meets hardcover that fits the boat, she wondered how that differs from a detached structure. She said the point is the storage of the big boat. Turner says it shouldn't matter either way; a 29 foot boat should not be stored in the community full time. 5. Planning Commission A. Spring Park Nuisance Ordinance i. Current Spring Park Code, ArticlelV. Nuisances ii. Examples of letters sent to nuisance properties within our city in the past year iii. Suggestions from a property owner in regards to what they believe would help define an updated nuisance ordinance Maloney said she thinks some bullet points should be talked about that aren't presently covered, for example, outside storage of boats, whether the City should allow it and what are the rules about it. Neve said the main goal is probably boats and old cars. Maloney said old cars are already covered under machinery, junk and debris. Friesen said what most cities have done is to tighten the language because what's junk to one person is a collector item to another. Friesen said if this went to court, • Planning Commission — June 13, 2007 Page 2 judges believe in property rights. Maloney asked if NAC should get involved and Friesen said in the past we pick out language from other ordinances that fits and it goes to the city attorney for language approval. Maloney said she thinks number five needs to be more specific. Licensed, operable, moved regularly, IPon an improved surface. Neve suggested to look at other cities and find out what's working and use Wayzata would be a good example and Mason said Edina has a good ordinance in place. Friesen said they might want to be somewhat lenient with the smaller boats which is what was acceptable but as time has gone on and boats have gotten larger, it has become a huge problem. Maloney asked if other cities have length limits. Neve said it's got to be spelled out specifically. Tyler said a lot of time could be spent on revising these and he wondered if we were adhering to these, would we be better. He wondered if we're wordsmithing. Friesen said it this goes to court, it wouldn't hold weight. Tyler asked if this has been tested and Friesen stated she's not sure. Maloney wondered why these things that are on the books haven't been enforced. Tyler said if we were to go into Black Lake Road today and tag items not consistent with the ordinance and they have a timeline, it's consistent with the current ordinance. They wouldn't be changing anything. Friesen asked where do we start. One complaint is flower pots on the side of the house but she questions if that is junk. To someone else it might not be. Friesen asked the Planning Commission if they want to start with the big things or smaller. Maloney said to start with the undisputable things. If a letter is sent based on the current ordinance, they can't come back and say they didn't know about it. Friesen said this could be a recommendation taken to the Council to begin with this. Tyler said he feels it should start with Black Lake Road as they are the ones that have come forward. Mason suggested it be documented with photographs showing a date and time. Maloney said that most people that receive a letter would likely comply on their own. Maloney feels that if half complied it would be better than nothing. Mason said how it happens in Spring Park is letters are sent but nothing happens. The intent is to enforce the ordinance and start with Black Lake Road neighborhood and go after the undisputable Rs. Tyler said there should be an article placed in the local paper stating Spring Park is trying to rove value for all. He said it should be put in a positive way and that we'll work with residents. He said there is a point in time where enforcement will take place. Mason said it should be a give-and-take and the lines of communication should remain open. Hughes said he made a motion at the last Council meeting that in the next water bill a separate flyer, not part of the newsletter, addresses the clean up and we could add more things that we might be looking for in terms of clean up. Maloney said they're talking about big ticket items like unlicensed vehicles. Friesen asked if there seems to be a problem with vehicles and Suttle said an eight year old derelict boat would qualify. Suttle said there are five on his street. Turner said what Pollack did to get around the second structure rules was licensed a storage shed as a fish house. Tyler said for some people it's a lot less expensive to buy the license then to pay to fix it or store them. Friesen said the ordinances have to be written in such a way that we're one step ahead. Maloney said to start with the big things such as unlicensed vehicles in residential areas. Turner said Edina has a height requirement that restricts large boats and r.v's. Maloney asked about a 35' trailer that would meet the height requirement but would be on a lot for a long time. Mason thought if it can be screened so it can't be seen, that would probably be acceptable. He said plantings that hide these things could be beneficial and, if people can't see it, it doesn't seem to bother people. Maloney said maybe putting something about being visible could be added. Mason said it should be specific in terms of size. Hughes said we're talking about the big boats and we could define it. A 28' boat with a windshield can sometimes not be very high yet an older 23', 24' could be equally as high. Hughes thinks there could be *-up in the length but you can't be tripped up with height. Maloney said it could look just as junky if Planning Commission — June 13, 2007 Page 3 it's small and low. Suttle said this is maybe why nothing has happened in eight years and he feels it's necessary to take a two pronged approach. He said to review the current ordinance but also begin enforcing what is already on the books. Hughes said residents have started to complain about storage and appearance of their neighborhoods. Maloney wondered why the letter can't state the City is trying to do this, if you have a question, call the City and ask. She also said within a certain period of time, if • things haven't changed, letters are going to be sent. Hughes recommends they endorse a statement that recommends to the Council that in the letter unlicensed stuff will be enforced. Maloney makes a motion to a recommendation to Council that we send out a letter to residents reminding them to clean up the city and add that specifically state a time frame in which a follow up letter will be sent to residents that haven't complied and enforcement will take place. Tyler suggested in the letter something about as people begin planning storing their boats for the winter the ordinance will be followed and people need to start thinking about that. Maloney said there isn't anything that says they can't do it and the ordinance needs to be cited in the letter. She said we can cite the nuisance, derelict and junk but there's nothing that prohibits winter storage but we could put in a letter that we're going to start looking at it. Hughes said he didn't want to get that specific but we should start with the unlicensed stuff. Hughes said if we were to try and regulate boat storage the meeting would be packed with people wondering what we are trying to do. Tyler said he is just recommending it as foresight. He said we should encourage people to comply. Neve said there are some people that might not have the means to take care of dilapidated boats. Maloney said she thinks we should go all out and tell people enough is enough. She felt a separate letter to residents in the City would get read. Maloney thinks the time frame shouldn't be very long. Friesen said it's better to get the Council on board and either staff or police will photograph these problems. Maloney asked what's the soonest if the Council approves this. Friesen said she thought 60 days. Maloney wondered if a 60 day compliance is too long or too short. Neve thinks it should work together with clean up days. Hughes said from the Council position, the unlicensed things should be dealt with sooner. These would be bigger ticket items and then mention the clean up. Tyler thinks it's* too long. Neve thinks 60 days and it gives someone an opportunity to deal with it. Maloney said to add we'll be sending letters 60 days from the date the first letter was sent. Enforcement will begin soon after 60 days. Tyler said in September there could be a review of what's happened so far. Mason wondered how difficult it will be to get the police on board for this. Hughes said the intent, in the official recommendation, would include formal action. Maloney makes a motion that the recommendations be presented to the Council as discussion states. Mason seconds. All ayes. Motion passes. Maloney wants more specific language from other communities about wording. Baker said a pile of examples have been given to Friesen. Maloney would like those specific examples in order to make a specific change. Maloney wants them sooner than the next meeting. Hughes suggested the staff get those copied by Wednesday of next week and they're available for pick up and those that don't we'll eventually get it to them. Maloney hopes to make a recommendation at the next meeting with specific wording. Turner brings up barking dog and public nuisances affecting health. Hughes said there are things in the ordinance that says cleaning up after your dog is required but it's simply not enforced. Friesen said there is an animal section in the ordinance. The complainant should call the police and call when it's happening. Friesen said there's a new police chief and maybe things that were ignored in the past may change now. Maloney thinks the ordinances are not necessarily lacking, they just need to be tightened up. Add to nuisance ordinance language at the next meeting about barking dogs. B. Continuation of Spring Park Beautification Plan Planning Commission — June 13, 2007 Page 4 i. Memo from Sarah Reinhardt dated 5-14-07. Maloney wondered what action was taken from Council on the beautification. Mason said there was something done to the garden at Shoreline and Sunset. Maloney said there were three suggestions ade to Council, the garden, the welcome sign which was already in place and the directional signs. loney wondered if this was something that was already going to be done or was this using the dollars 3,000 set aside for beautification. Mason said there is a beautification budgeted and Maloney said the Planning Commission needs to come up with a punch list of things that they would like to see done. The objective is to get things done and to improve. Friesen said what Reinhardt wants is to start thinking about things to be included in the 2008 budget. Hughes said there are two categories and when punch list was suggested, he wondered what kinds of things does the Planning Commission want Norling to pay attention to, whether it be signs. The second would be any new items and he said that's where things need to be specifically identified. Mason said Reinhardt made a list of items and those are the ones that should be looked at. Mason thinks it's premature for sidewalks on Sunset. Neve thinks it's a big issue and it should be a priority. Maloney asked for doable things, anything that jumps out. Hughes asked about Thor Thompson Park, what would they like to see done. Maloney said the bleachers at the ball field. Hughes asked what else. Maloney said updated playground equipment and the drainage issue. Maloney asked about benches at the tennis court. Mason said Jackie Stone said the garbage doesn't get emptied routinely. Maloney wondered if there are spots along 15 where there can be a bench and trash can. Maloney thought in the end it might be solved with the trail. Maloney would like to see a park bench at the tennis courts. Hughes said the land to the east is City owned and there could maybe be some park benches and a table. Maloney asked about punch list items and if bleachers are one of the items. Neve said the bleachers and the drainage should be priority. Mason said it's been discussed and it's not that easy but maybe it could be re-directed. Hughes suggested to simply state to minimize or alleviate the water issues. Hughes said if the Planning Commission was to take a point of focus to improve that park, that would be one way of giving definite tlar figures for next year's budget. Maloney suggested to upgrade the playground equipment and use avarre's play park as an example. Maloney would like to see things more than just flowers. ii. Memo from Norina Dove dated 5-14-07 C. Ordinance No. 62.10, Subd D., 2-Accessory Buildings Maloney was thinking about this and wondered why an accessory building, if it meets hardcover and setbacks, what's the problem. Friesen said it's because of esthetics. They don't want a house and a huge Morton type building. Maloney said she is thinking about a house on County Road 51 by the North Shore Marina. She said it's large, has under/over storage plus the garage space. Maloney said the garage is very large but the house is larger and it doesn't look ridiculous. She doesn't have a problem with that. Maloney wondered if the 1000 square feet really describes what we want. Maloney thinks the principal structure should be taken into the equation. Turner passed out a photograph of a large garage. Maloney said what if it's part of their house and not separate. Maloney said if a person builds a brand new house, and if he put it ten feet from the lot line he could have still blocked the view and sun and it would have been considered legal. If the lot is big enough to allow the building and it doesn't exceed hardcover and, if it's appropriate, she doesn't understand the problem. Maloney said her point is size shouldn't dictate appropriateness. Neve said a maximum height at the soffit, enables them to get some storage above and Maloney thinks square footage shouldn't dictate, it should be height. Maloney thinks this should be thought about and Hughes thinks this might be a workshop type of thing that is a combined with Council and the Planning Commission. Tyler thinks it might be beneficial to pick a city that we would like to emulate and look at what they do. Maloney thinks as Planning Commission embers they should look at various communities and look to see how it's done elsewhere. Tyler said Planning Commission — June 13, 2007 Page 5 everyone has opinions, but he would like to see and visualize these things. He said if there is a City.that could be picked and it could be looked at, it works better for him. Mason suggested to take a few minutes and do a walk around and go to Turner's property and physically look at it. Maloney said she tries to play devil's advocate because there are so many ways around things. This can be tabled and put on hold. i. Current Spring Park Ordinance No. 62.10 ii. PC discussion topic for change to regulating the footprint and maximum height of accessory buildings. 6. Communications a) July Calendar b) Council Meeting — May 7, 2007 c) Council Meeting d) Administrative e) Special Council Meeting f) Council Meeting Minutes g) Requested letter mailed to Lord Fletcher's h) Building and Sign permits i) Letter from Met Council j) League of MN Cities article k) League of Mn Cities 1) League of Mn Cities Tyler wondered if a team of volunteers could help in terms of nuisance properties. Maybe the junk pick ups could be more frequent. Maloney likes volunteers to help clean up. Friesen said the general letter will go out first, the second letter should state options and it might be something that could suggest a • work team that could maybe help. Tyler, Chrissy, Graham, Sarah Reinhardt and Sera would help volunteer. Maybe there's money that could be donated for a dumpster. Hughes suggested Tyler call the city of New Hope to check out their assistance for senior citizens. m) Updating the zoning code books 7. Miscellaneous Mason said Sue Baker makes a great presentation but Mason asked if she's lived there for eight years and she's now building a new house and he wondered if that's her reason because she's trying to sell a house. Friesen said it doesn't matter. Tyler said whatever the reason is, he gives her credit for it. Mason is just bringing it up for discussion sake. 8. Adjournment Maloney makes a motion and Mason seconds to adjourn at 9:14 p.m. All votes aye, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Planning Commission — June 13, 2007 Page 6 CITY OF SPRING PARK 06/14/07 l� *Check Summary Registelr@ June 2007 Name Check Date Check Amt 10100 Wells Fargo Bank NA Paid Chk# 023238 ABDO EICK&MEYERS, LLP 6/14/2007 $1,687.84 April&May 07'Accountant Ser Paid Chk# 023239 ANDERSEN EARL F, INC 6/14/2007 $578.15 Signage @ City Park&No Outle Paid Chk# 023240 ARAMARK UNIFORM SERVICES, 6/14/2007 $114.66 DJ's Uniform Cleaning Paid Chk# 023241 BIFFS,INC. 6/14/2007 $206.91 Portable Restrooms Rental for Paid Chk# 023242 BLOOMINGTON CITY OF 6/14/2007 $27.50 2 ea.Water Samples Paid Chk# 023243 CARQUEST AUTO PARTS STOR 6/14/2007 $50.77 Auto/Tractor Supplies Paid Chk# 023244 FARNIOK,SHARON L. 6/14/2007 $48.17 June 07'Expense Report Reimb. Paid Chk# 023245 GOPHER STATE ONE-CALL 6/14/2007 $49.30 34 ea. Locates Paid Chk# 023246 HAWKINS, INC. 6/14/2007 $25.00 Chlorine Cylinder Supplies Paid Chk# 023247 HEAD SEIFERT&VANDER WEID 6/14/2007 $7,285.01 General Professional Services Paid Chk# 023248 HENNEPIN CNTY INFO TECH DE 6/14/2007 $34.40 Radio Adm. Fee&MESB Fee Paid Chk# 023249 LAKE MTKA CONSERVATION DIS 6/14/2007 $1,159.75 Second Qtr. Levy Payment Paid Chk# 023250 LONG CONCEPT GROUP, INC 6/14/2007 $2,640.00 Watermain Breaks Paid Chk# 023251 MARTIN BENEFIT ADMIN, INC. 6/14/2007 $50.00 June 07' 125 Participant Fee Paid Chk# 023252 METRO COUNCIL ENVIRON SER 6/14/2007 $13,192.95 July 07'Wastewater Service Paid Chk# 023253 NEXTEL COMMUNICATIONS 6/14/2007 $61.51 Nextel Phone Service 4/25/07-5 Paid Chk# 023254 NORTH COUNTRY LAWNS&SN 6/14/2007 $2,666.80 May 07'Mowing&Trimming Sery Paid Chk# 023255 NORTHWEST ASSOC CONSULT( 6/14/2007 $1,236.90 May 07'Professional Services Paid Chk# 023256 ORONO CITY OF 6/14/2007 $42,529.55 June 07'Police Services Paid Chk# 023257 PEARSON BROTHERS INC 6/14/2007 $699.66 May 07'Street Sweeper Rental Paid Chk# 023258 QWEST 6/14/2007 $231.10 Paid Chk# 023259 WIDMER CONSTRUCTION LLC 6/14/2007 $2,380.00 Rebuilt Catch Basin at 2406 BI Paid Chk# 023260 XCEL ENERGY 6/14/2007 $3,436.21 Electric Usage 4/24/07-5/23/07 Total Checks $80,392.14 CITY OF SPRING PARK 06/14/07 2:12 PM *Check Fund Summary Pagel Fund Summary 10100 Wells Fargo Bank NA 101 GENERAL FUND $62,322.64 601 WATER FUND $3,097.52 602 SEWER FUND $14,971.98 $80,392.14 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA • PLANNING COMMISSION September 12, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES —August 8, 2007 5. PLANNING COMMISSION a) Comprehensive Plan i. Affordable Housing Article b) Expenditure City Beautification 2007 Audit Detail c) Nuisance Properties • i. Fall Clean Up d) Approved Temporary Signs —The Mist 6. COMMUNICATIONS a) October Calendar b) Council Meeting — August 20, 2007 c) Police Commission Minutes —August 21, 2007 d) Channels 8 & 20 Schedules e) Building and Sign Report —August 2007 f) Appreciation Dinner notification 7. MISCELLANEOUS 8. ADJOURNMENT • Planning Commission Agenda — September 12, 2007 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION JULY 11, 2007 • 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:02 p.m. 2. ROLL CALL Commissioners Tyler, Neve, Maloney, Mason present. Absent, Mork-Bredeson, Dove, Klein. Staff in attendance, Council representatives Hughes and Reinhardt, Administrator Friesen, Deputy Clerk Lewin. 3. ADOPT AGENDA Mason makes a motion and Neve seconds to adopt the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES — June 13, 2007 Maloney makes a motion and Mason seconds to approve the minutes of June 13, 2007. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Draft Nuisance Property Letter i. Surrounding Communities nuisance property ordinances Maloney asked if what was in the packet was the final draft and Friesen said it's basically done and it's �pefully going to go out next week, perhaps around Wednesday. Tyler wondered if there is something that could be done in terms of using a city vehicle and picking up things that would pose a nuisance. Friesen said this is a test model at this point so we're not sure what kind of response we'll get from the letter. She said maybe there will only be a few people that will respond. There could be something where there could be assistance in picking up stuff with Goman's vehicle and put it aside for the fall city-wide clean-up. Hughes thinks if there are people that would like assistance with cleaning out their property, the City should help. Tyler would like to meet after the regular meeting and wondered what might be at the group's disposal and what options there might be. Hughes wondered if maybe there were some residents in the City that would volunteer their vehicles for pick up purposes. Hughes said there are some complaints coming from residents and maybe they would help instead of complaining. Reinhardt likes the tone of the letter and that it is a friendly reminder. Maloney liked the various ordinances in the packet from surrounding communities. Maloney would like to see how the residents respond to the letter that is being sent out. Friesen said she's curious to see if there is reaction to the letter. Mason asked about the original focus and that being commercial. He's wondering where that has gone. He said he's not trying to sway it to commercial, he's wondering where it's at. Hughes stated on the commercial side there have been several meetings and it's been examined and studied. He said a lot of things discussed would only apply to a few businesses and a stalemate has been struck. Hughes thinks the response from the residents may dictate what continues • MINUTES — PLANNING COMMISSION JULY 11, 2007 PAGE 1 in regards to commercial. Friesen stated the ordinances don't prohibit anything yet so the ordinances need to be tightened and that's why it's been delayed somewhat. Friesen thinks the commercial part will come on again but probably not until next year. Hughes wondered about the letter going to rental property and whether the letter will be going to renters or property owners and Friesen stated hopefully both. Tyler asked what's wrong with commercial businesses doing this as well on a volunteer basis. Tyler• thinks it would be okay to look those properties over in the hopes they will get on board as well. Friesen stated it could be tried. She said commercial may be more forceful in regards to asking where it states it in the ordinance they have to clean up. Maloney suggested something could be written regarding the success of the residential clean up and maybe commercial would get busy too. Mason said neighborhoods are important as far as clean up goes but the commercial part shouldn't be overlooked. He feels the commercial district is something that everyone sees and his hope is that this isn't overlooked. Friesen stated this is something that we as staff could direct towards commercial properties and see what their reaction is. The hope would be that they would take this as a friendly reminder and for them to look at how their display areas look. Tyler thinks the letter should go out first and then if there is more aggressive action needed, it can be taken later. Tyler doesn't think the process should be started at a later date. Friesen stated a commercial letter was proposed with a combination of inviting business owners to a meeting. Hughes wondered about the comp plan and if this should be a part of that. Mason wondered about the likelihood of participation in the comp plan. Hughes thinks if the proper notification goes out to the businesses, there should be good response. Hughes stated Brixius thinks Buttenhoff should be on the corn plan committee. Mason suggested it go in the letter and ask business owners to participate in the focus groups for the comp plan. Mason referred to the Mayor's letter in the newsletter about talking with neighbors and working together. b) Animal Ordinance — barking dogs Maloney wondered why this was in the packet and Mason stated there was an audience member at I* last meeting that brought this subject up. Maloney wondered what the problem was. Mason said the resident was wondering what would constitute a barking complaint and the ordinance does spell out a time line for barking dogs. Maloney thinks once the trail is established, there will be more people walking their dogs on the trail. Reinhardt asked how many dogs are allowed in a residence and thought there might not be a specific number. Mason said if the number is too high, the issue could be in regards to kenneling dogs. Reinhardt thinks if there is a slightly increased number in the amount of dogs allowed, there might be more compliance with licensing. Neve thinks it's not a big deal and allowing four dogs might prevent people from starting a kennel business. Hughes said this could be an easy change because it's in the code book and not a zoning ordinance. Tyler wondered if it's necessary to change an ordinance when one person has complained and Maloney stated a couple of her neighbors have complained about it. Maloney said it's a simple thing. Friesen read the ordinance and it stated the keeping of more than two dogs over three months is prohibited. Lewin explained the City of Minnetonka regulates dog ownership and allows three dogs per household. According to their ordinance, anything over three dogs would require a kennel license. A kennel license allows the animal control officer to do an inspection of the premise to determine that the dogs are being properly taken care of, they are up-to-date on their shots and the facility is adequate for the number of dogs. Maloney doesn't really understand the need for licensing dogs; especially when most dogs are micro chipped. Hughes thinks it's important to ask the police to see what their input would be. Maloney makes a motion to change the total number of dogs to three instead of two and any more than that would require a kennel permit. Mason asked if there is anyone in Spring Park that has a kennel MINUTES — PLANNING COMMISSION • JULY 11, 2007 PAGE 2 license and staff didn't think so. Hughes thinks maybe under another section in the ordinance, if there is a vacant structure and perhaps a doggy day-care could potentially go in. Hughes thinks there should be something that would dictate a license in case something like this were proposed. Friesen said this might be a zoning issue. Hughes thought it could be a home occupation permit and Friesen thought that might not cover it. Tyler wondered if someone proposed a kennel, would they be allowed and Friesen stated there isn't anything that prohibits it. Neve seconds the motion. All votes aye, motion rries. There is a recommendation to the Council. c) Expenditure Guideline/Audit 2006 Hughes said the expenditure guideline included in the packet stemmed from asking for balances. Hughes said he asked Friesen to include this in the packet because there has been confusion in regards to the beautification budget. Hughes asked Friesen to walk them through and she said the first page is the expenditure guidelines and these are set. She said the main thing to note is towards the bottom for flags, banners and gardening and landscaping maintenance. She said on the second page there is a breakdown of the $12,000 and were the $34,000 was spent on landscaping. Friesen said the flags are a replacement purchase, some changes made to the light poles and Dahlkes labor in putting them up. The landscaping dollars went to Norling's for landscaping. Friesen said on page three there is detail once again for 2007 and it isn't complete as the growing season is just upon us. Friesen said with the budget process, September 15tt' is the preliminary date for the budget to be set and it will be worked on in August. Friesen said fall and winter is spent fine-tuning and it can't go higher than what was submitted but it can go lower. Hughes said it was discussed in regards to Thor Thompson and bleachers were proposed. Maloney hoped it wasn't only bleachers but dugout benches for the ball players as well. Friesen stated that could go in the parks budget. Mason asked about updating the playground equipment and Maloney said it could be part of the maintenance. Reinhardt said there was a laundry wish list of items for the park. Mason thinks Thor Thompson could be a flagship park and it could be patterned after Navarre's play equipment. Mason said the planters in the median of County Road 15 could be brightened up with more color; yellows and reds could be added. Friesen suggested Mason remind us early next spring in regards to requests for plantings in the planter. laghes asked about the rectangular planters at Lift Station 6. Maloney wondered why that didn't go through planning commission as that is part of what Planning Commission does. Maloney said it wasn't really part of a project so it should have gone through the Planning Commission. Friesen said it was part of a project and it wasn't. Originally it was just the building but then there were comments about how the building looked so plain and landscaping would help. That's how it came about not being a Planning Commission project. Mason said at first the landscaping came to a halt in order to get access to the building and Hughes said the County at first wouldn't allow some of the proposed plantings. Maloney thinks it's an ugly building and now the planters draw more attention to the ugly building. Reinhardt stated she thought Goman tried to mitigate all the comments about how the building looked. Maloney is concerned that this should have been a PC process and it wasn't. Mason said this thing really got bigger than what was expected and now it's finished. Mason wondered if the minutes from the last Council meeting were prepared yet. Mason was told that the minutes were 97% prepared but there was one part that wasn't completed yet as the tape needed to be listened to. Mason asked about the deck on Black Lake Road that was in question in regards to setbacks and what was the outcome. Lewin explained that the City's planner requested, after examining the submitted paperwork, that the building inspector meet with the builder to make sure that the setbacks and hardcover were being complied with. Hughes said there is concern in regards to as-builts and after-the-fact of buildings and who determines if the plan submitted has been built according to the plan. • MINUTES — PLANNING COMMISSION JULY 11, 2007 PAGE 3 Neve is questioning what is the enforcement in regards to someone out of compliance and asked what really is the penalty for someone just building something that is not according to what the City has granted permission. Hughes asked about applied for variances and the list and if that is being kept up and Hughes was told yes. He thinks it might be interesting to revisit one variance where a non conforming part was torn down and there was an issue if it was torn down before the variance was granted and whether they had to comply because the variance hadn't been granted yet. Reinhardt • stated care would need to be taken in regards to whether legislation has changed. Tyler would like to see the list of variances that have been granted in the past. Mason asked about what has happened in regards to the Pollock/Turner claim. He wondered if it's been finaled yet. Friesen stated the letter from Beck hasn't been sent yet but will be shortly. 6. COMMUNICATIONS a) August Calendar b) Channels 8 & 20 Schedules c) Council Minutes — June 18, 2007 d) Police Commission Meeting — June 20, 2007 e) Building and Sign Report, 2"d quarter f) Three Rivers Trail Update, memo dated June 22, 2007 Reinhardt said in regards to an update regarding the trailhead, after the release came out she contacted Three Rivers to follow up on bid alternates and Reinhardt was told there wouldn't be a trail head in Spring Park after all. She was told the County didn't want an access off Sunset Drive and Reinhardt did inform them there was a nice access there already. Reinhardt stated she thought there was a meeting last June and the result of that meeting is a document and a recommendation. Apparently within the document there is an e-mail that states it won't be allowed but the City was never given the report. Reinhardt stated there has been miscommunication and there have been staff changes at Three Rivers. She said there has been another meeting requested between the City and the County. Reinhardt stated this isn't over yet and there is more to come. Tyler wondered if the trailhead doesn't go in, what happens to the property behind the Lofts. Hughes stated basically nothing. Reinhardt stated she brought that fact up that it is currently hard-packed gravel and it's not pleasing. Reinhardt said the County stated they wouldn't do much. Friesen said everyone's expectations are different for that property. She said she felt they weren't that interested in pursuing a trailhead so the City will have to be the push behind what they want. Reinhardt stated the report came out in December of 2006 and the City didn't get it. However, the City's recommendation to the County went to them in March and there hasn't been anything said. Reinhardt stated it was especially frustrating that they never acknowledged the City's recommendation and costs were accrued in the meantime with the City and the planner and the meetings held and the City didn't know the access had been nixed back in December. Hughes said as the trail and the use of bicycles continues and the number of kayaks that have come on in the last few years, the area has expanded greatly in the last few years. Recreational use in general has increased rapidly and Hughes thinks it's a matter of time. Mason thinks pressure from the amount of use would demand the trailhead access. Mason thinks Buttenhoff might be brought into the mix in regards to access. Hughes said it's already there. Mason said people will cross the road with bikes anyway and we're not talking about a lot of traffic. Mason said he hopes when the kiosks are built they will use signage and directional signs. Reinhardt thinks there will be informational signage that will be in place even though their communication hasn't been so great so far. g) LMC Land Use Seminar, July 24t' in Chaska Maloney said if anyone wants to go they should let staff know. MINUTES — PLANNING COMMISSION • JULY 11, 2007 PAGE 4 h) Ridgeview Medical Clinic open house, August 14, 2007 7. MISCELLANEOUS Mason stated Hughes went to the recycling plant to visit the recycling center. Hughes said he has photos and he would like to present them but he doesn't want to print them. He would like to do a resentation as he found it fascinating material. Reinhardt and Hughes thought it would be nice to have a screen and a projector for city use for these type of things. Maloney thought there was something requested about a public agenda being available during the meeting and Maloney was told there was one prepared but it was removed in error from the chambers. Mason thinks an attendance report for the next meeting would be good. Hughes wondered if in regards to clean up activities, sometime in August or September there could be a joint meeting in order to clean up a list of things that have been requested, whether it's dog ordinances, whether it's attendance, or budgeting items that might be forthcoming. Hughes said just tonight alone there have been some things that have been brought up. Mason would like some reaction from the Council in regards to a stipend to the Planning Commission as it might be an incentive for future involvement. Reinhardt stated when she was with the Planning Commission in the City of Plymouth it was strictly volunteer and there were two meetings a month, many workshops and extra meetings. Tyler wondered if there is a requirement for attendance and Hughes thought it was 75%. Mason wondered if the Planning Commission should be reduced to five. He thinks it could always be increased if there were people interested at a later date. Maloney thinks if there is a lack of interest on the Planning Commission it's difficult to discipline for lack of attendance. Reinhardt thinks in the spirit more members, an invitation could be extended to those that might be interested. She thinks it goes long way to have a personal invitation. Tyler asked how many PC members we're supposed to have and the answer is seven. Neve asked about Bill Turner, a frequent member of the audience in regards to serving on the PC. Hughes said the Council has interviewed certain individuals and the Council has declined to nominate. 8. ADJOURNMENT Maloney makes a motion and Neve seconds it to adjourn at 8:28 p.m. All votes aye, motion passes. • MINUTES — PLANNING COMMISSION JULY 11, 2007 PAGE 5 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA 40 PLANNING COMMISSION OCTOBER 10, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL — Bill Tyler, excused. 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — September 12, 2007 5. PUBLIC FORUM a) William Weeks Preliminary Proposal Regarding Lot Split 6. PLANNING COMMISSION a) Variance Application - 4022 Sunset Drive, Gjellstad, Clint & Jamie Variances Requested, Sideyard setback, Streetside setback, Hardcover 1. Open Public Hearing 2. Discussion and Comments a. NAC 10-5-07 b. Application for variance from GJELLSTAD, Clint & Jamie c. Survey dated 8-28-02 d. Various photographs/supporting documentation e. Notice of Public Hearing f. Previous Variance Request, 2003 g. NAC 8-5-03 h. Various PC and Council minutes as they relate to request i. Variance request withdrawal 3. Close Public Hearing 4. Recommendation to Council 6. COMMUNICATIONS a) November Calendar b) Letter dated 9-26-07 in response to Comm. Neve's Query regarding clean-up c) Council Meeting — September 17, 2007 d) Council Meeting — Unapproved October 1, 2007 e) Police Commission — September 18, 2007 7. MISCELLANEOUS 8. ADJOURNMENT • Plan. Comm. Agenda — 10-10-07 1 y CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PLANNING COMMISSION OCTOBER 10, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Maloney called the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL — Bill Tyler and Norina Dove excused. Jean Mork Bredeson called stating she would probably be arriving late (she didn't make it). Sera Maloney, Graham Neve, Mike Mason, Evalina Klein. 3. ADOPT AGENDA Motion by Klein seconded Mason by to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES — September 12, 2007 Motion by Maloney and seconded by Neve to approve the minutes for the Planning Commission Meeting of September 12, 2007. All votes were aye. Motion declared carried. 46 PUBLIC FORUM a) William Weeks Preliminary Proposal Regarding Lot Split Bill Weeks stated he wants to speak briefly tonight. He said he will go the public hearing route if he feels the commissioners are on board with it. Weeks stated if he splits his lot, he would be slightly under the 10,000 square feet required so he would be seeking a small variance. Weeks stated he put in the packet a comparison of other property close to his and his proposal would fit into the size of the other lots. Weeks wanted to know if the commissioners had any questions. Maloney asked his reason for splitting the lots. Weeks said it would give him some flexibility and he's had some inquiries about one of the lots. He stated they were originally plotted as two lots and the county won't allow a split without city approval. Neve asked if there were currently three houses and Weeks affirmed. Weeks stated the houses would remain because at this time he is basically just looking for the feasibility of a lot split. Mason asked if he came forward with a proposal for a lot split, what would be his reason. Weeks said the flexibility to do something in the future and the fact that he's only allowed one dock so it would give him the opportunity to put another dock on the property. Weeks went on to say if someone was interested in purchasing one of the lots he would be prepared. Maloney asked why there are three house numbers on one lot. Klein interrupted and asked Weeks if he bought all three houses at the same time and Weeks stated yes. He's been there 33 years and he said at one time there used to be a duplex and a shed and a garage and all of those buildings were removed in order to open it up. Weeks also said the city would in reality gain 20 feet between the lots because of the ten foot setback rules and that isn't in place right now. Klein is wondering if there is something they can look to from a historical perspective. Maloney said it would be interesting to look at the original plat. Weeks said they are still platted that way on the ti ty's plat map. Klein said it's an interesting request and she wants to study it. She said usually ey like to see lots made bigger by combination instead of splitting them. Brixius said generally the Plan. Comm. Minutes — 10-10-07 1 setback is looked at from both sides and he doesn't know if it's a rectangle so whether it would be 60 feet from front to back. Maloney said it seems like a reasonable split. Klein asked about a survey and Weeks said the last one was about 20 years. Klein asked Weeks if he intended on updating the survey and Weeks said absolutely. Neve asked about Weeks future plans and Weeks said he doesn't really know at this point. Mason asked Weeks what the hardship would be. Weeks said the lot size doesn't allow two docks and the flexibility of having two lots. Klein doesn't think not having a dock is a hardship. Weeks thinks it is. Maloney said she thinks it's in the norm with the neighboring properties and Klein and Maloney would like a historical perspective. Klein wondered why the lot was combined in the first place. Brixius said it probably went under one tax parcel. The previous property owner could have requested it be merged at one point. Brixius said if there are multiple homes on one lot, it probably wasn't combined through the city. Weeks said maybe because of the former duplex it might have made sense way back when. Mason wondered if the neighboring resort was part of the entire area. Maloney suggested the history be looked into. Klein is concerned about the total of three houses that are presently on the property. Klein asked if the two small houses were coming down she wouldn't have a problem with the split. Hughes asked if the lots were at 9,240 square feet, what would the hardcover allowance be per lot. Weeks said it meets the density. Hughes wondered if it was a small lot and someone bought it and wanted to put a large house on it, would it be possible. Weeks said obviously they'd have to meet all the required setbacks. Weeks said there is plenty of property on the street side so if in the future the county wanted Sunset Drive improved with sidewalks, etc., there would still be plenty of room on his lots. Neve asked about the combination and one dwelling and Weeks said it's an R-2 district. Brixius said these are pre-existing. Weeks said the lot split might give the city more control in terms of what could go there in the future. PLANNING COMMISSION a) Variance Application - 4022 Sunset Drive, Gjellstad, Clint & Jamie . Variances Requested, Sideyard setback, Streetside setback, Hardcover 1. Open Public Hearing at 7:23 p.m. Maloney reads the published ad from The Laker. 2. Discussion and Comments a. NAC 10-5-07 b. Application for variance from GJELLSTAD, Clint & Jamie c. Survey dated 8-28-02 d. Various photographs/supporting documentation e. Notice of Public Hearing f. Previous Variance Request, 2003 g. NAC 8-5-03 h. Various PC and Council minutes as they relate to request i. Previous variance request withdrawal Clint and Jamie Gjellstad approached the podium. They live at 4022 Sunset Drive and he said they are asking for a variance to build a garage. Gjellstad stated it will help protect from the winter, indoor storage, and where to put things generated with a family. Gjellstad stated if things are left outside, it looks cluttered and there is the opportunity for theft. Gjellstad stated they've had problems with people coming from Fletcher's and they've had garbage cans kicked over and vandalism done to their property. Jamie said most recently there was a police report taken. Klein asked what happened and Gjellstad stated a vehicle was keyed and mailboxes were damaged. Klein asked if they were caught and Gjellstad said yes. Jamie said after that episode they were convinced they needed a place to protect their things. Klein asked how long they've lived there and Gjellstad said 3.5 years. Maloney asked about the proposed garage and whether it would have attic • Plan. Comm. Minutes — 10-10-07 2 space. Gjellstad said they are flexible, attached, unattached, additional storage. Gjellstad said they walk a lot and notice all the junk that is stored outside of the various houses. Mason asked if they were present at the last variance request for this property. Klein asked if he was talking about the revious variance request. Gjellstad said he was present. Gjellstad said it was a problem with the firmer owners trying to sell the house and the lack of the garage. Gjellstad said they own the house next door and suppose they could have one big house but they aren't looking to do that. Mason said the previous owners were asked why they didn't put a garage on when they did the remodel. Mason wondered if Gjellstads would sacrifice hardcover and make the new garage fit more in with the house versus detaching it. Gjellstad said the major deterrent with that is the cost. He said with just adding a garage it's a lot different than when you start redesigning the actual house. He said the cost would be prohibitive. Jamie said if they were to do that it would actually end up eliminating two of the three bedrooms. Jamie said there are a lot of pavers on their property and they'd be willing to take the pavers out to help alleviate the present hardcover issues. Gjellstad thinks by removing the sidewalk that currently goes to the lake would almost be a trade off in terms of the sidewalk and the new garage. Maloney asked about the proposed garage and what is under it. Gjellstad said there is asphalt there and then a landscaped area between the asphalt and the house. Gjellstad said in regards to hardcover, it's more important to have the runoff absorbed in the ground rather than run into the lake. Klein recommends they state they are rearranging the hardcover not increasing it. Mason asked about the 21x21 garage and Gjellstad said it's pretty standard. Neve said a standard two car is 22x22. Maloney said her concern is the parking once the garage goes in. Maloney said she knows their neighbors do it but what about in the future if the county wants to improve the streetscape. Maloney said they have guest parking on the one side of their garage, ultimately one space. Klein said she remembered the previous request from the former owners. Klein said it was a 40afferent request at that time and the Planning Commission did recommend approval. Klein thinks e previous request was a lot less than what is being asked now and wondered if Gjellstads are prepared to argue their request. Mason asked square footage of the house now and Gjellstad about 2600 square feet. Gjellstad said one thing that is deceiving is it looks like if you're on the other side it looks like you're in the street and that's why he illustrated the white line (fog) of Sunset Drive. Tom Mudhenk is in the audience and he stated he is all for it. Klein asked why he is in support of it and Mudhenk said they would all like more garage space. Klein said so this could be precedent setting. Gjellstad said the lots get deeper as they go towards Fletchers. Gjellstad said the Lakeview Loft is 12 feet from the curb. Maloney said she is looking at the aerial photo and next door on the left side is a white fence with a white structure and Gjellstad said it's the neighbor's play house. Maloney asked if it would be closer than the play structure and Gjellstad said no. Klein said she voted in favor of the variance request back in 2003 when the previous owners came forward but she still says they bought the house knowing there wasn't a garage. Maloney asked if there's a reason why they wouldn't put the new garage on their adjoining lot. Jamie said the most sense would be to make the house one big house with a garage and combine the two lots. Gjellstad said economically it wouldn't make any sense. Jamie said it would be a very expensive garage on the lake. Neve said he's looking at a perfect spot because there's averaging from both the left and right and it might make sense to put the garage on the other property. Neve said he'd be more willing to agree to putting a garage on the property in front of the existing small house. Maloney said the biggest issue is the probable Sunset Drive improvement. Gjellstad said they could put the garage right up next to the house and it would give them more room then on the Sunset rive side. Maloney thinks the three feet wouldn't really make a lot of difference. The important pect is when backing the vehicle out of the garage, they still need a place to wait to make sure Plan. Comm. Minutes— 10-10-07 3 traffic is clear. Mason said the sight line might not be encumbered now but there could be a big truck blocking the view. Mason said the safety is the big thing. Mason said the former owners basically passed this problem onto the Gjellstads. Hughes said he would like to ask Brixius about the white line and the asphalt. He wondered if the county were to put in a sidewalk once the trail is 40 established, what would that typically be size wise. Hughes wondered how wide the shoulder would be. Hughes said Gjellstad is including the shoulder. Brixius said the right-of-way is separate from the lot. Brixius said Maloney raises a good point in terms of what is coming for Sunset Drive. Brixius said the shoulder serves a function for site lines and snow storage being the most critical component. Brixius said this has to be viewed for all seasons. Brixius said when Gjellstads plow their driveway, they will have high snow mounds in their setbacks and could impede site lines. Brixius said the setbacks from the county road is to make sure there is adequate parking. Brixius said he understands their desire to store their items and protect from vandalism but from the city's perspective it's maximizing lots. Brixius stated the former owners went for livability and they should have taken into consideration the fact that a garage is necessary to livability and they chose to ignore it. Brixius said what should be considered is putting the garage in a different place that is being proposed. Gjellstad said their neighbor, right next to the post office, their garage is extremely close to the road and they have a parallel parking spot. Gjellstad said there are parallel parking spots in the Rockvam Boat Yards area and those are public parking. Maloney said realistically there will be cars parked in front of their garage and it's not their space. Gjellstad said where the parking spot would be the no parking is right where they park right now. Neve said the two biggest problems are if the garage is granted it's precedent setting. He said they do need 18 feet from the garage door to the road in order for people to park a vehicle in front of the garage. Even though they claim no one will park in front of the garage, it's bound to happen. Neve said their proposed garage would fit perfectly in front of the small house they own next door. Jamie said the concern is someday if they sell the small house, the garage is now with the small house instead of their house. Mason said th ey are on their side but they feel they need to work on it more. Scaling it down, moving it around and take into consideration safety issues. Klein said this public hearing could be continued, if they feel they would like to. Brixius approached the drawing board and drew out an alternative to what they are proposing. Brixius said they could consider a cross easement and they would still have right of access if they potentially sell the smaller house down the road. They would look to making certain areas green and it would help on the impervious surface. The easement would be recorded against the property for perpetuity. Brixius said if they work it, they could maybe plan for a garage on the other property as well. Maloney said she would like illustrated how the person in the small house could get by a car parked behind the garage. Hughes wondered with a 30 foot setback how big of variance would they have to have. Brixius said if they attach it to the house that's an additional three feet. They would still need a variance but there are some positives without the garage door facing the street, there would be additional landscaping, they could narrow the driveway to 15 feet and broaden it out as they enter the garage. He said if the garage was pushed up closer to the south side, it would eliminate the site line problems but they'd still have to go for a variance for that side. Maloney thinks the best option is to continue the public hearing and bring back revised sketches. Hughes asked Friesen if they need to ask for a continuance in terms of the 60 days. Friesen said if it gets close to the 60 days, we'll request they sign something. Brixius said we should extend the review period out 60 days to establish an action date. Mason suggested to further enhance to try and figure out ways with professionals to eliminate the hardcover and have a landscaping proposal and have the reduction of hardcover calculations. Mason stressed for them to do their homework and have accurate figures. Maloney said this could be a pleasing option from esthetic standpoint. Plan. Comm. Minutes — 10-10-07 4 3. Close Public Hearing: Hearing is continued. Maloney makes a motion and Mason seconds to continue the public hearing to the next meeting and there will be an extension of the 60 days. All votes ayes. Motion passes. • 4. Recommendation to Council 6. COMMUNICATIONS a) November Calendar b) Letter dated 9-26-07 in response to Comm. Neve's Query regarding clean-up Maloney asks if there's been any response to the letter and was informed there wasn't. c) Council Meeting — September 17, 2007 d) Council Meeting — Unapproved October 1, 2007 e) Police Commission — September 18, 2007 7. MISCELLANEOUS Klein says she feels she owes an explanation to why she's been absent. She said after seven years of serving and putting forward an effort and her attendance has been exemplary and reading f the packets, she felt she needed a break. eFdffinanGe it was veFy self serving and frustrat4ig.- She feels that when the council so willfully and blatantly ignores a unanimous vote by the PC and changes an ordinance that does not benefit the City of Spring Park— she said she should say - attempt to change an ordinance that does not benefit the City of Spring Park in any way, shape or form, it was very self-serving and very frustrating. She said she's been doing a lot of thinking and she would like to continue to serve and she apologizes for her absence. Klein said she isn't willing to invest in Spring Park. Hughes would ike to make a comment — Maloney said she thought they weren't going to do this easement thing anymore. Maloney said their neighbor backs into their shared driveway and she doesn't like it. Hughes said he needs to comment and Klein should agree, the planner was here and the planner did his job and when Hughes was first on the Planning Commission they didn't even get a planner's report. Hughes said this is one thing with the city, there have been major strides made in that regard. Mason said a previous council member made a comment that it's inappropriate to try and design something for someone. Mason said they're here to help and get something accomplished. Hughes said when he was on the PC they had to make several decisions without professional input and what's happening now is a huge improvement. Hughes thinks the biggest issue will be the setback from the county road. Hughes thinks the issue is whatever the size of the garage, what will be the distance from the road. Maloney wondered if the 30 foot setback is for purposes of parking cars. In regards to precedent setting Gjellstads are lucky because they own the neighboring property. Neve said Mound has an 8 foot setback when the side of the garage is next to the city road and he thinks it's a great idea for a lot of property. Neve said he's concerned because by creating the different access of the driveway, he wonders what will happen if they decide to sell the smaller house. He doesn't think they'd be able to turn out of the garage. Hughes said it's too hard to determine without a drawing. 8. ADJOURNMENT Klein makes a motion and Malo ey sec ds to adjourn at 8:30 p.m. All votes aye, motion carries. r Wendy Lewin, Deputy Clerk • Sarah Friesen, Administrator/Clerk/Treasurer Plan. Comm. Minutes — 10-10-07 5 CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PLANNING COMMISSION NOVEMBER 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Maloney called the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL Bill Tyler, Norina Dove, Sera Maloney, Graham Neve, Mike Mason, Chrissy Klein, Administrator Friesen, Deputy Clerk Lewin Council representative Hughes. Jean Mork-Bredeson, excused. Tom Mudhenk in the audience. 3. ADOPT AGENDA. Klein makes a motion and Dove seconds to adopt the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES — October 10, 2007. Klein said she wanted to correct the last paragraph because it was rather vague on page five, the first sentence, where she said she feels the council ignores a blatant ordinance... She said she remembered saying something like it was a unanimous vote and it's frustrating... Klein makes a motion to approve October's minutes, noting the change, and Maloney seconds. All votes ayes, motion carries. 5. PLANNING COMMISSION • a) Public Hearing Re: Gjellstad — Continued to December b) Postponement of Public Hearing for change in Section 5 of Zoning Ordinance Maloney confirmed that the Gjellstad public hearing has been continued for December. Klein asked if those two, the Gjellstad hearing and the ordinance change was it for the December meeting and Friesen said no. She said there are other public hearings including Bill Weeks' lot split proposal, Bill Turner's appeal and a proposal for a new business. She said December's meeting has several public hearings so it would be important in terms of attendance. c) Sign Permit Application, The Mist 1) Staff Memo November 2, 2007 Maloney asked about the signs at The Mist property and felt they looked good. Dove wondered if they were opaque and Friesen stated yes as they might even be back-lighting them. Friesen said this was an administrative process but it was included in the packet for informational purposes. d) Update Ordinance Book Friesen said there was a discussion about NAC retyping the ordinance book but in talking with the company that updates the black code book, they can incorporate the zoning book and it can all be put on a CD and be web based as well. She said it will be searchable and they will continue to keep it updated. Dove wondered if it's necessary then to have the books and with having it on the Website she wondered if that isn't redundant. Dove suggested there be a book at City Hall and by having it web based it could cut some costs in printing. Friesen said she can get some figures together and have it in next month's packet as to the actual cost break outs. • Tyler wondered if they would bring their books back to have them redone. Friesen said the blue zoning book was done in 1993 and the black code book was done in 2000 and it was updated once. She said a couple of new ordinances have been passed since then so the books are not Plan. Comm. Minutes — 11/14/07 1 current. Hughes asked the commissioners what type of books they currently have as it was recently discovered Hughes's three ring binder does not matching what is accurate and in fact there was a big omission. Friesen said therefore, don't trust everything it says in the book. Tyler • said that's the point; because it's so difficult to maintain this, if they can be assured what's on the website is the most accurate, that's the way to go. Hughes said the concern is not everyone has access to the web however. 6. COMMUNICATIONS a) December Calendar b) Channels 8 & 20 Schedules c) Building and Sign Report — October d) Council Meeting Minutes — October 15, 2007 Klein wondered how the fence issue is going with Mr. Lemke. She was told that it's basically been sent back to the surveyors to work out and the city hasn't heard anything since. e) Police Commission Minutes - October 16, 2007 f) Administrative Committee Minutes — October 17, 2007 Mason asked about when someone requests a council packet, especially if they're a representative of the city. Friesen said the public binder contains everything that goes to the Council. Friesen said there was someone that wanted more than just the agenda that is e- mailed to requesting residents. Friesen said a certain individual asks for several items and therefore the packet needs to be picked through, copies made, and it's time consuming. Neve said if they are looking for information from previous meetings the public binder would be okay. Friesen said the city will gladly assist but it's labor intensive. She said the decision was made that copies made can be charged for. Friesen said it's been the policy that we don't charge as a rule, if it's small in number and infrequent. Mason thought a representative of the city is entitled • to items in the packet. Friesen said it's been the council's directive. g) Special Meeting Minutes — October 23, 2007 h) Unedited Council Minutes — November 5, 2007 Klein asked if these meant they weren't approved yet and Lewin said no, it means they weren't even looked at in terms of going through them for corrections. 7. MISCELLANEOUS a) Memo dated 10-31-07 regarding Comp Plan Committee Members Neve said it was Bill Tyler that was elected and not him to the Comp Plan Committee. Tyler agreed that it was him and not Neve. b) Met Council Trail Updates. Hughes suggested the commissioners read page two titled, Other Areas of Agreement. Maloney said it's the fourth page in the packet, but page two of the actual document. Hughes said they want landscaping to reduce the speed of rollerbladers and bicyclists. Klein thinks that should be followed in Spring Park too. She thought we should get some landscaping. Klein asked when they are starting and Friesen said it's been started but we're not sure where. She thought out in St. Boni. Maloney said she noticed some work being done out by Gales' Woods, Three Rivers Park. c) Christmas in May Tyler said he doesn't know what he can do and can't do now. Friesen said a separate bank account outside of the City needs to be started so monies received can be deposited in that account versus a city account. Tyler said there's been a post office box set up to receive mail. Friesen said when it comes time to enacting the project, the city can assist with articles in the • newsletter or other things but, it's necessary that the residents know it's not a City project. She suggested they just ask the City for assistance when needed. Tyler said without hardly trying they've gotten a lot of response; close to slightly under $1,000 in donations. He said Bayside Plan. Comm. Minutes — 11/14/07 2 Floral has offered floral items. Friesen said to keep the City informed in the process so lists can be included in packets. She said as time gets closer, the project representative can go before the Council and get exposure and publicity via cable television. Tyler said they're looking at the 2Id or 3 d week in May and they're trying to choose something that wouldn't conflict with prom, opening fishing and Mother's Day. Mason asked about business recycling and wondered why businesses aren't more involved. Lewin said she'd ask the recycling rep to check on whether businesses could be utilizing recycling program. Neve asked about an update on the Island Harbor project. Friesen said Presbyterian Homes is interested in purchasing the two buildings off the island, up by the road. She said it's not a done deal but it looks as though it will probably go through. Friesen said Presbyterian Homes needs housing for their employees and their long term plans. Friesen said a lot of their buildings are disconnected and they are possibly looking to do an overhaul of the campus in the future. Neve asked if the Island Harbor construction is ready to go yet and Friesen said it's unknown because they always talked about having to sell so many units first. Hughes said apparently buyers that signed up for the first building are instead wanting to buy into the second building because those units are larger. Klein asked about The Mist. Friesen said they are pushing the rental housing so it will look more occupied but it's still not moving in terms of sales. Maloney said she wants to make a statement and it is not directed towards anyone in particular. She said that commissioner attendance at meetings is asked or required to be at or around 75% and she said there have been meetings when there have only been a few people in attendance. She just wants to emphasize to commissioners it's necessary to make an extra effort if they want to continue to serve. 8. ADJOURNMENT Klein makes a motion and Dove seconds to adjourn the meeting at 7:33 p.m. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Plan. Comm. Minutes — 11/14/07 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION December, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — November 14, 2007 5. PLANNING COMMISSION a) Continued Public Hearing Re: GJELLSTAD, Clint, Request for Variance Rescheduled to January 2008 Planning Commission meeting due to property owner late submittal of proposed changes from original submission. b) Public Hearing Re: Consider Appeal of zoning administrator's decision regarding alleged ordinance violations at 3916 Northern Avenue • 1. Open Public Hearing 2. Discussion & Comments a) Official Publication of Public Hearing b) Memo from City Attorney Beck to Planning Commission titled Appeal of Zoning Administrator's Decision — 3916 Northern Avenue, dated December 5, 2007 c) Exhibit A, Building Inspector's Inspection Report dated February 28, 2007 d) Exhibit B, City Zoning Administrator's Compliance Letter to Mr. Pollock dated July 18, 2007 e) Exhibit C, City Attorney's Letter to Mr. Turner regarding Appeal Procedure dated September 4, 2007 f) Exhibit D, Application for Appeal dated 10-26-07 and associated documents g) Exhibit E, City Planner's Memorandum regarding Impervious Surface Calculation dated November 30, 2007 h) Exhibit F, City Attorney's Memorandum regarding Application for Appeal legal Issues dated December 5, 2007 i) Exhibit G, City Building Inspector's E-mail regarding Removal of Second Floor of Garage dated December 3, 2007 3. Close Public Hearing 4. Recommendation to Council c) Public Hearing Re: Purposed of considering an amendment to correct an inconsistency between Section 12, Subd. E.4.b and Section 5, site plan review process to single family residence. • 1 . Open Public Hearing 2. Discussion & Comments a) Official Publication of Public Hearing Plan. Comm. Agenda — 12-12-07 1 b) Ordinance 62-14 3. Close Public Hearing 4. Recommendation to Council • d) Public Hearing Re: Review of subdivision request and variance applications for lot requirements and setbacks at 3960 Sunset Drive. 1 . Open Public Hearing 2. Discussion & Comments a) Official Publication of Public Hearing b) Application for Variance dated 11-26-07 1 . Certified survey dated 10-30-07 c) Variance Request, Lot Division prepared by applicant dated 12-12-07 1. Attachment: Comparison of neighboring properties, lot square footage 2. Various photos d) Commissioner Mork-Bredeson's Comments e) NAC memo to Planning Commission and City Council dated December 6, 2007 3. Close Public Hearing 4. Recommendation to Council 6. COMMUNICATIONS a) January 2007 Calendar b) Channels 8 & 20 Schedules c) Special Meeting Minutes — November 14, 2007 d) Council Meeting Minutes — November 19, 2007 e) Police Commission Minutes — November 20, 2007 • f) Special Meeting Minutes — November 26, 2007 g) Unapproved Council Meeting Minutes — December 3, 2007 h) Excerpt corrected version to PC minutes of October 10, 2007 as requested by Commissioner Klein 7. MISCELLANEOUS a) November Building and Sign Permits Issued b) Notice Regarding Mayor Rockvam's Induction in the Marine Hall of Fame c) Memo dated 11-21-07 regarding business recycling 8. ADJOURNMENT Plan. Comm. Agenda — 12-12-07 2 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION • December 12, 2007 7:00 P.M. - CITY HALL 1. CALL TO ORDER Chair Maloney calls the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL Commissioners Tyler, Dove, Neve, Chair Maloney, Mason, Klein, Ex-officio Hughes, City Attorney Beck, City Administrator Friesen, Deputy Clerk Lewin, City Planner Brixius. 3. ADOPT AGENDA Dove makes a motion and Maloney seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — November 14, 2007. Maloney asked about a date at the top. Lewin said it's always in the footer but it can be added to the header too. Mason makes a motion and Dove seconds to approve the November minutes. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Continued Public Hearing Re: GJELLSTAD, Clint, Request for Variance Rescheduled to January 2008 Planning Commission meeting due to property owner late submittal of proposed changes from original submission. Note: Because the Gjellstad hearing was continued to January and the first public hearing was not scheduled until 7:15 pm, the Commission skipped to the communication and miscellaneous portion of the agenda. b) Public Hearing Re: Consider Appeal of zoning administrator's decision regarding alleged ordinance violations at 3916 Northern Avenue 1. Open Public Hearing. Maloney opens the public hearing at 7:32 and reads the official hearing notice. 2. Discussion & Comments Maloney stated the format will be the floor will be given to Bill Turner to comment on his appeal and then Pollock will be given the opportunity to respond. (It should be noted that Pollock stated earlier in the day he would not be in attendance due to advice from his attorney.) a) Official Publication of Public Hearing b) Memo from City Attorney Beck to Planning Commission titled Appeal of Zoning Administrator's Decision — 3916 Northern Avenue, dated December 5, 2007 c) Exhibit A, Building Inspector's Inspection Report dated February 28, 2007 d) Exhibit B, City Zoning Administrator's Compliance Letter to Mr. Pollock dated July 18, 2007 e) Exhibit C, City Attorney's Letter to Mr. Turner regarding Appeal Procedure dated September 4, 2007 f) Exhibit D, Application for Appeal dated 10-26-07 and associated documents g) Exhibit E, City Planner's Memorandum regarding Impervious Surface Calculation dated November 30, 2007 • Plan. Comm. Minutes — 12-12-07 1 h) Exhibit F, City Attorney's Memorandum regarding Application for Appeal legal irsu-,s dated December 5, 2007 i) Exhibit G, City Building Inspector's E-mail regarding Removal of Second Floor of Garage dated December 3, 2007 Bill Turner approaches the podium and passed out handouts of the ordinances. Turner said they • should be current except for one. Dove stated she understands there are three issues to be addressed tonight. Klein said that's correct. Turner said they are still dealing with the driveway. Turner said the zoning administrator has basically come up with no violations and they are all in compliance. Turner said as a caveat he's been threatened with lawsuits from Mayor Rockvam and Tony Pollock so he may speak cryptic at times. Turner refers to the first picture in his handout and the schematic on top. Turner said Pollock's claim is the driveway is legal conforming because it's been there since '92. Turner said in looking at Pollock's own diagram the driveway goes from the front of the garage to the street and it's not on the property line and that was not all there on his permit in '92.everything is not plotted correctly. Turner said in looking at the 2nd schematic done by a surveyor in 03 they still designate the driveway in front of the garage with the paver driveway being added on the property line down the side. Turner said his representation of the driveway is it's legal conforming because it was there before the ordinance is not true. Turner said it was put in '02 or '03. Turner said he helped Pollock put the driveway in, as a friend, even though he lied to him about getting a variance. It wasn't until later that Turner found out he hadn't. Turner said if you go to the third page, and he's rebutting some of the things written in Beck's memo, it's Northwest Associates' diagram on what's considered hardcover. Turner said he's jumping around. Turner said these are the basics. Turner said it says gravel driveway is hardcover and they didn't count the class 5 driveway on the north side of his building as hardcover. Turner said Sarah Friesen has told him — he asked her why the gravel area on the north side was not included, the parking area on Northern wasn't included and pond were not included. He also made an allegation about the deck and asked why it wasn't included and it shouldn't have been included so he will withdraw that. Turner said there are three places on that property, right on Northwest Associates Consultants as considered as hardcover that Sarah Friesen or was directed by administration, Rockvam and Widmer too. Maloney asks for documentation in that regard. Turner said it's strictly his statement and he came to city hall twice and Friesen told him she was taking her direction from the administrative committee. Turner said he has a lot to cover. He said he's not going to make an argument on the ordinance that was changed last summer because it's highly complicated. Turner said Beck has her opinion and he has talked to legal counsel about it and he has their arguments that he hasn't even brought forward. He said there are other ordinances on the books that are enforced that cover setbacks. Turner refers to page 24 for a definition of a structure refers to subdivision G7e(8), in an entirely different area that states that driveways will maintain the ten foot setback. He said forget the one done last summer; he said there are at least four other ordinances that deals with green space between driveways and lot lines. Curb cuts. Turner stated Beck said there are no curb cuts in Spring Park. Turner asks NAC if city planners use this as a generalization for a driveway entrance and he tells Brixius to be careful as he has done a lot of reading about this. Brixius agreed that a generalization of curb cuts means driveway entrance. Turner said so Beck is inaccurate on that point. Turner said there are five foot setbacks on the entrances and ten foot setbacks on structures. Plan. Comm. Minutes — 12-12-07 2 Different ordinances. He said there are still ten foot setbacks on driveways, five feet on entrances and green space between those setbacks. Turner said Pollock is in violation of all of those. Turner said Pollock claims he put all that in before the ordinances were in effect. Turner said there is documentation in front of them from Pollock's own permit that he didn't put it in until 02 or 03. I Turner said when reading through the ordinances it states time and patience were taken to update to national standards by the PC back in 1992. Turner said in referring back to the original schematic the garage on the south side of the property where he had plenty or room for a driveway and enough room for expansion if he wanted. Turner said Pollock shoved the garage into the northern corner to take advantage of the light and compromised Turner's access to light. Turner said Pollock said he's jealous of it. Turner said it blocked all of his light. Turner said he's amazed and surprised that there is such an attempt by this administration to make this guy's violations go away. Turner said the recent addition on Hazeldell that is just now being completed also violates ordinances and a couple of state laws. Turner said when going through five hardcover counts and permits and putting in improper dimensions and he's committed fraud on them and the city administration committee refuses to take them into account. Turner said he knows someone that said Pollock would help him to get around the city. Klein asked if this person would testify in court regarding this and Turner said he probably would. Mason asked how recent the pictures are and Turner said they're about a year old. Turner said Beck said there can't be spot zoning and the people Turner have talked to agree with that, but what can be done is to recommend to the city those five foot entrances and their ten foot setbacks be enforced and Turner said if he comes to him he will voluntarily reduce that to five feet with a green hedge to give himself some relief to what's been done. *Maloney said some of the driveway isn't included in the calculations that the city made and Maloney asks where those pieces are. Turner said the left side of the garage with the paver driveway, about two-thirds. Klein asked if that's where the boat is and Turner responded yes, the north side. Turner said it's class five all the way to the corners so he can shove his trailers back there and the class five wasn't included. Mason asked it be explained. Turner said there's a two car wide driveway on Northern Avenue. Maloney is asking about hardcover because Turner feels there are errors. Turner said there are three locations per Brixus's document that have not been included and said per Friesen the administrative committee has chosen not to count those. Klein wants to know why. Friesen said the one on the south side next to Northern Avenue are pervious pavers as they grow grass. Friesen said it doesn't specifically show it but Northern Avenue isn't as wide as this and some of that driveway is on city road right-of-way. She said a lot of times — Klein said we're talking the back end of the garage. Friesen said she can't speak to that part because it's what the building inspector measured. She said there's another part where it does say existing shed and said Beck directed someone to go check on a specific area to see if it was pervious or impervious and unfortunately it snowed and it wasn't determined what type of hardcover it is. Turner said it's class five and you can see him parking his boat and trailer on it. Turner said he put down class five base and he helped him do it. Klein said she watched it. Turner continued he put pervious pavers, smeared a little dirt in there, got a couple sprigs of grass growing and claimed it was pervious. It's a class five base underneath it, he's using it for parking and it says in the definition that anything used efor parking is impervious surface. Turner asked Brixius if someone put down class five and grow- Plan. Comm. Minutes — 12-12-07 3 through pavers and parked a 29 foot boat on it all summer would that be considered parking and Brixius said he would consider that to be storage. Turner asks Brixius if he would consider that pervious or impervious and Brixius said he can't comment on how it was constructed but if it doesn't allow for infiltration of water it would be considered impervious. Turner said wouldn't a long-term parking area be considered impervious and Brixius said there is a circumstance when he lived in Plymouth his neighbor parked his boat on the lawn. It was a big boat and it wasn't intended for thale storage but it was still pervious because it was parked on a lawn. Brixius said the actual construction as described, he believes there's an area of question but it's difficult to determine because he doesn't know the details. Klein said she finds it interesting to find that the side that needed calculation couldn't be done because of snow but the other side was calculated. Turner said there's also a fish pond and fish ponds with liners are considered to be impervious. Maloney said we're here to determine if there were errors made in the zoning. Beck said she would like to clarify something on the building inspector report. Beck said the BO was asked to go and inspect Pollock's property and determine location and size of the garage to determine location of the driveway and all the impervious surfaces. She says this is his report and this is what it is based upon. She said she wasn't aware that there were other impervious surfaces if in fact there are others. Beck said when Turner did the appeal, and said there were other areas that were impervious, it was a long time after the drawing had been made. Beck said there wasn't evil intent, the weather just didn't cooperate. Beck said she did direct, as Friesen stated, to re- inspect. Maloney asked if the other issues regarding building size has been taken care of. Klein said she has one question on that and that was, if she remembers right, Pollock's permit to build the garage did not match the actual dimensions that were built. She claims it's bigger than what was put on the permit in regards to square footage and not necessarily in regards to height. Klein said so his width, depth and height as to what he put on his application from what he actually built, differ. Turner said he said he built a 12 foot high garage and that's what's on the permit. The City of Orono determined he built a 19 foot tall garage. He claimed it was single storey and they found a second half storey inside it. Klein asked about the square footage of the footprint of the garage itself and • Turner said that was accurate. Turner said the inclusion in his packet for the commissioners show a drawing of the garage proposed to be built and that's not what was built. It's taller than what was submitted. Maloney said at the moment they are present to discuss the appeal and the height issue of the garage doesn't have anything to do with the setbacks. Klein requests the city to go and recheck this area. Turner stated if going back to the complaint there are four ordinances that are still active on the books. Klein asked the city to respond. Friesen said we haven't seen what Turner provided tonight and it will be necessary to review it. Friesen said that's what will happen in the time period between making a decision as a recommendation to council. Friesen said she can't make a comment right now. Beck stated Turner was asked in his appeal to list all the ordinance provisions —Turner says everything is in there; he just brought copies. Maloney asked if Pollock was here tonight and was told no. Maloney stated at this time members of the Planning Commission can ask questions. Dove stated there was an e-mail from the building official dated December 3rd that the garage had been brought into compliance. Maloney stated that is correct and is why Turner is not including that in the appeal. Klein stated it should be something that is watched however. Maloney asks the public if they have any questions. Steve Bedell, 4600 West Arm Road. He asked about impervious and pervious pavers and he stated they should be engineered. He stated he had to spend about $1500 to make sure his pavers were pervious. Brixius stated he's not familiar with • Plan. Comm. Minutes — 12-12-07 4 pavers.and how they've been treated in the past but he believes it's necessary to demonstrate they are pervious. Klein stated she believes it's safe to say the zoning administrator made a determination without having all the facts. She said that's the bottom line. The inspection was not made because it 0-nowed. Friesen said what decision and Klein said the decision on the hardcover calculation and to not include that class five gravel, the pavers on Northern Avenue and the pond. Klein said it hasn't been disputed that they did include those. She said it was an incomplete inspection yet a decision was made. Beck said the second inspection was in response to Turner's appeal. Beck said no decision has been made since Turner made his appeal. Beck said the original decision was based upon the building inspector's report. Klein said it's up to the city administrator to make sure the building official does his job. Maloney asked if there were mistakes made in the original calculation of the hardcover and would that support Turner's appeal and Beck said yes. Mason asked if this is the time to make a motion. Tyler said before Mason does that, he's not sure what the facts are. Klein said this has dragged out for over two years and she said the city has been dragging this out. Klein said Turner has been rebuffed from the get go. Klein said it has had to come to this, at great expense to the city in attorney's fees, already, in order to allow this resident to slide. Klein said, in her opinion, Pollock is not in compliance with the driveway setback. Klein said they are trying to say because they changed the ordinance last summer, he now conforms. Klein maintains when the driveway was put in it was non conforming and the driveway ordinance was not complied with. Klein wonders why the city would change an ordinance for one guy. Or, she wonders, are there ulterior motives, other affected parties, perhaps other council members, council member's families. Klein stated there is JWo variance request on the books for a zero driveway setback. There is nothing pushing this other han, in her opinion, Mr. Turner's complaint regarding violations. Klein said Turner's main complaint is the driveway and if looking at his house, it's recently built and then this guy puts a driveway, on the lot line, illegally. Klein said he was illegal until the ordinance was changed but she stated the ordinance wasn't changed. She states it's a non-conforming driveway and it's illegal. Maloney said it's stated there was an existing driveway and she wonders how to determine the original driveway. Klein said the schematics are proof. Maloney said she understands the schematics. Turner said Pollock applied for about four or five permits and all of them show the driveway from the front of the garage to the street. He said there's no documentation showing that driveway anywhere else until '03. Brixius said the determination is to find out if hardcover has been exceeded and whether that has to be reduced in favor of Turner's position. He said as far as the driveway, if it was pre-existing he had every right to use it. Brixius said if it was expanded, that's a different storey. Maloney said the Planning Commission needs to decide if it needs to be re-looked at or if the city made the right calculations and assumptions. Klein said so they are basically asking the council to reconsider the zoning administrator's report and re-issue a new one based on new evidence and existing ordinances on the books. Maloney said at the time and Klein said yes as well as today. Mason said would it behoove Pollock to present some evidence of a pre-existing driveway. Brixius said that's what this hearing is all about and it was an opportunity for him. Mason said because is Plan. Comm. Minutes — 12-12-07 5 Pollock isn't here does Pollock lose that opportunity and Brixius said the recommendation will go to council for the procedure. 4. Recommendation to Council Mason makes a motion to reconsider the hardcover and look at the calculations including • fish pond, the pavers from Northern Avenue, the area on the north side of the garage that wasn't calculated because of the snow cover. Maloney seconds. Klein wants to amend the motion to reconsider the driveway setback. Klein says when it was put it, it was illegal. She said it can't be said that it wasn't just because two years or five years later the ordinance was changed. One ordinance of many. She said it needs to stop being ignored and the paperwork should have been included and it wasn't. She's also not convinced that the vote was legal. She thinks the wishy-washy answer on intent was pretty weak. Klein wants to reconsider all three aspects of the report. Hughes asks for three separate motions. Maloney calls for a vote on the motion on the floor made by Mason regarding hardcover calculations. All ayes except for Dove abstains. Roll call shows the same. Dove abstains stating both parties, Turner and Pollock are customers of hers. Motion passes. Klein makes a second motion to reconsider the driveway setback violation for two reasons, one because when the driveway was installed it was non conforming and illegal and it should be enforced. She stated the dishonesty is ridiculous and for the city to back it up; and, also to look at the other four or five existing ordinances regarding this that she has seen in her own ordinance book, they are there and they exist. Mason seconds the motion. All votes in favor except Dove abstains. Motion passes. Klein makes a third motion to look at the legality of the vote that supposedly changed one of the ordinances at the council meeting. Klein said the explanation is weak. Beck asked what part, and if she meant the Attorney General's or case law. Beck said the legislature has changed the voting requirements for zoning amendments to a majority of the entire council. The city has not updated their ordinance to comply but the AG opinion says state statute supersedes the zoning amendment. She said there was also an abstention so there were only four votes, so when doing the math, if there was 3.2 and it rounds to 3. Beck said the legalities were in the memo. Klein is upset about the amount of money paid to Beck when it shouldn't have happened in the first place. Dove asked about whether it's particular to just that piece of property and Klein said all ordinances. No second on the motion, it dies . 3. Close Public Hearing Officially closes the public hearing. 8:11 p.m c) Public Hearing Re: Purposed of considering an amendment to correct an inconsistency between Section 12, Subd. EA.b and Section 5, site plan review process to single family residence. 1. Open Public Hearing. Maloney opens the public hearing at 8:12 p.. She reads the published official notice. 2. Discussion & Comments Friesen said what's in the packet is the ordinance that the council passed during the moratorium. She said the planner put together an extensive list of site plan requirements for large developments and it was never intended for single family residential. There was a single family redevelopment that came forward this past fall and it required a more extensive site plan review if their hardcover exceeded 30%. She said a correction was discovered and needed so the site plan review process meant for large developments doesn't cover single family residential. Brixius said when ordinances • Plan. Comm. Minutes — 12-12-07 6 were drafted to allow for over 30% hardcover a conscious decision was made for no conditional use. It was a mechanism to make sure certain reviews were met. Brixius said there are performance standards that can be reviewed by the Planning Commission or it can be administratively decided. Brixius said the tweak is how does the Planning Commission want to handle single family requests when hardcover exceeds 30%. Maloney said if they are over 30% •and haven't applied for any other variances she wonders if they are allowed to go ahead. Maloney asks when a Planning Commission review would be triggered. Tyler asked by Planning Commission reviewing then a recommendation can be made to the council. Brixius said it's more a checkpoint. Klein asked if that's the way it's been in the past. Tyler asked what value could the Planning Commission add. Brixius said it's just another review check. Mason asked if there's an extra cost and Brixius stated yes and it could extend this review out. Beck said the site reviews are more extensive and they were specifically stated during the moratorium and they shouldn't apply to residential. She said in Section 12 there is a list of standards to be met and who should determine if those standards have been met. Maloney asked for the criteria, the basics. Brixius said in the hardcover range of 30-40% the proposed structure must meet setbacks and be hooked up to sewer and water. This would trigger storm water management and drainage and grading plans. Doug Sippel, in the audience said if someone has been through the variance process, has a tight timeline with the construction season and the Planning Commission meeting only once a month, it's a tremendous burden. Tyler said if the assessment is done and assuming the impervious goes over 30% if the Planning Commission chooses to review, they're essentially reviewing work already done. Brixius wondered if there's value for the Planning Commission to review single family requests. Klein said her understanding is the zoning administrator and city engineer are being relied upon. a) Official Publication of Public Hearing b) Ordinance 62-14 3. Close Public Hearing 8:30 p.m. 4. Recommendation to Council. Neve makes a motion and Maloney seconds to waive ,Iffithe Planning Commission review of the site plan for single family residential when exceeding 30% hardcover. Rollcall, Tyler, no; Dove, yes; Neve, yes; Mason, yes; Klein, no; Maloney, yes. Motion carries. d) Public Hearing Re: Review of subdivision request and variance applications for lot requirements and setbacks at 3960 Sunset Drive. 1 . Open Public Hearing. Chair Maloney opens the public hearing at 8:33 p.m. 2. Discussion & Comments a) Official Publication of Public Hearing. Maloney reads the official notice. Weeks approached and said he believes his is a simple request on a lot that was originally plotted as two lots and it was combined before he got there. He wants to undo his. Weeks said he always knew he had two lots but he had no idea until he requested a PID for each lot that it wasn't that simple. Weeks said the property is zoned R-2 and therefore this would create two lots slightly under the requirement but he's asking for consistency. Weeks said he thinks he's demonstrated the need. He is asking for versatility and marketability with the belief that neighboring lots are also less than what is required. Weeks said in the R-2 district there is no allowance for hardcover over 30%. Weeks said NAC's recommendation has been to come up with some ideas to reduce impervious surface. Weeks said this was discussed and addressed in the memo to the Planning Commission. Tyler asked about the two structures on the one lot and Weeks said there are two single family homes on the lot 25. Tyler wondered how that happened. Brixius said on the lot immediately north Aeof Weeks there are five separate buildings. Maloney asked if the lots are split would he have a Plan. Comm. Minutes — 12-12-07 7 buildable lot. Weeks said lots 24 and 25 could meet the setbacks if they were cleared, easily, because they're bigger than most. Klein said it seems as though Weeks is looking to go back to what they were originally. Brixius said the standard lot size is 10,000 square feet, with 50 feet widths. The proposed lots would be both 59 feet, close to 60 feet wide so it exceeds the standard base. He said they're 157 feet deep and if they were new lots they could meet setbacks but they have existing conditions. Brixius said the lot area is short by about 500-600 square feet. Brixius • said approving this lot split some things can be done. He said the shared driveway can be eliminated to reduce the impervious surface. Brixius said the determination is about whether the previous lots are acceptable once again. Klein asked if there's any non-conformity going on right now. Brixius said the conditions don't really change by splitting the lots. Brixius said a determination of reasonable use is what's required and Weeks' hardship is he should be able to go back to two separate lots. Brixius said a hardship can be reasonable use of the property and the criteria is not solely the hardship. Mason said if there's a house built, the setbacks would have to be met. Mason said if it's allowed, no other variances should come before for other requests. Mason asked if there can be a condition put on with the variance and that is the variance runs with the property. Brixius said if the south property was sold and a rebuild was proposed, there couldn't be any further variances allowed. Weeks said he doesn't understand why Klein would feel it necessary to put a condition that no future variances be allowed. Maloney said what Klein is trying to say is in order to approve she wants to make sure future owners couldn't come forward with a variance request. Weeks said he's not sure about agreeing with this. Bedell said this is nothing personal against Mr. Weeks but if there are existing conditions this is the time now to clean this up. Bedell reads from the actual minutes in 2006 when his variance request was denied. Bedell said it's always based on hardship and can't be financial. Bedell said he was expected to follow this criteria 100% but now Brixius is suggesting that Weeks is almost there. Bedell said now is the time to clean up things on this property. Weeks asked what kind of project Bedell had and Bedell said he was asking for side yard setbacks. Weeks said presently we're talking about existing structures. Weeks said he is asking for a memorialization of the way it used to be. Brixius said the philosophy and policy on existing lots when it came to drafting ordinances were all lots of record were buildable and a lot of those lots were under 10,000 square feet. Brixius said when two lots, side-by-side, are within 80%, he felt the request was not unreasonable. Turner said the only reason he can see to do this is to make the property more valuable and easier to sell. Turner's question is financial and he wonders about the density being increased. Tyler wondered if someone could build two residences on one lot. Brixius said it's zoned R-2 but would need 12,000 square feet. Turner said if they tore both down the only thing allowed back are single family residences. Hughes asked if this subdivision was granted and Hughes bought the property and decided to take down the one house and not take down the one closest to the lake, and the city orders it, the city pays. Brixius said if anyone wanted to enlarge these homes, the city would say no. Maloney said regardless the rules, it doesn't make a difference if it's two lots or one and it wouldn't seem to matter. Maloney said as far as expansion goes it wouldn't matter if it's one lot or two. Maloney said the zoning map shows it as two lots and it's posted in city hall. Weeks said if the split is granted, ten feet would be gained because of the newly created setback. Mason asked for clarity on the hardship. Weeks said he's eventually going to want to sell one or the other or both, it will be more marketable if it's split. Neve wonders if marketability is defined as monetary gain. Maloney asked if there are any other questions from the public. Friesen asked about the deck on the main house and how much would be removed if the request is granted. •► Plan. Comm. Minutes — 12-12-07 8 She's wondering if Weeks would pull it back ten feet. Weeks thinks it's about five of six feet right now and he would remove the steps but not alter the deck. Friesen said so that would be nonconforming and Weeks agreed. Mason wondered what would happen if Weeks did set it back ten feet. Weeks said there's a possibility. Neve asked how many docks he is allowed on this property and Weeks said one. Weeks said it isn't fair and Neve agrees and believes that could be a •hardship. Tyler wants a reminder about what deems a hardship. Brixius said special conditions exist. He read the definition from the ordinance book. Brixius said it's the physical component of the property. Tyler said if the financial is put aside, what does Weeks see as the hardship. Weeks said it's disproportionate to the neighborhood. Tyler said they are trying to see beyond the financial. Mason said he sees the hardship that the lots were combined. Maloney said the lot is uncommon for the area. Bedell said that criteria could be put to any lot in Spring Park. Bedell said this isn't a new development. Brixius said the distinction is the substandard lot language and not placing a building too close to the property line, the ordinance has made the irregular lots conforming. Brixius said in reading the 80% provision, since the buildings are non conforming, the variance should be processed. Bedell said he owns two other properties in this city and if the flood gates are opened, he'll be back. Brixius said it needs to be based on its merits. Maloney wondered why the lots were combined in the first place. Weeks said he thinks they are less strict on combinations than divisions. Hughes said in conversations with Kevin Wynn from Hennepin County that if someone owns two pieces of property, one PID number is given. Hughes said he would want to confirm this however as he's not positive. Brixius believes it was probably the previous owner requested it. b) Application for Variance dated 11-26-07 1. Certified survey dated 10-30-07 c) Variance Request, Lot Division prepared by applicant dated 12-12-07 1. Attachment: Comparison of neighboring properties, lot square footage 2. Various photos d) Commissioner Mork-Bredeson's Comments e) NAC memo to Planning Commission and City Council dated December 6, 2007 3. Close Public Hearing. Closes the hearing at 9:18. Tyler asked Weeks when he bought the property it was all one lot. Weeks said yes. Tyler said prior to that it was two lots and somewhere along the line it became one. Weeks said yes, for at least 48 years it's been one lot. Klein said if she's going to be consistent, it's the hardship and that's the stickler for her. 4. Recommendation to Council Klein makes a motion to approve the variance request for Mr. Weeks. Mason seconds. Rollcall, Tyler, no; Dove, no; Neve, yes; Maloney, yes; Mason, yes; Klein no. Vote is split. Friesen said the motion fails on a tie. 6. COMMUNICATIONS a) January 2007 Calendar b) Channels 8 & 20 Schedules c) Special Meeting Minutes — November 14, 2007 d) Council Meeting Minutes — November 19, 2007 e) Police Commission Minutes — November 20, 2007 Klein asked if all these meetings are open to the public. Hughes said yes, they are posted. Friesen said police commission is not considered public because it's not a quorum. Klein asked if they are always held at city hall and Friesen said not always. Friesen said if there is a quorum of three then it needs to follow guidelines regarding •posting. Friesen said she tries to get the agendas posted on the website too. Hughes said there Plan. Comm. Minutes — 12-12-07 9 was an example earlier this year with Hennepin County regarding the trail. Hughes had to leave because there were three council members in attendance and it hadn't been posted. f) Special Meeting Minutes — November 26, 2007 g) Unapproved Council Meeting Minutes — December 3, 2007 h) Excerpt corrected version to PC minutes of October 10, 2007 as requested by Commission Klein 7. MISCELLANEOUS a) November Building and Sign Permits Issued. Klein asked about Fletcher's sign and was told they did come in for a sign permit. Maloney asked about Marina Car Wash's signage and Friesen said the city is aware of it and they haven't been notified yet. She said staff is still working on determining the violations and how the ordinance reads. Maloney said there have been many things added. b) Notice Regarding Mayor Rockvam's Induction in the Marine Hall of Fame. Maloney said congratulations to Rockvam. c) Memo dated 11-21-07 regarding business recycling. Klein suggests we notify the businesses of the availability of recycling. Mason suggested the newsletter be sent to the businesses. Hughes stated this might not be enough because if businesses are renting or leasing, the landlord gets the utility bill. Hughes said in regards to recycling, Hennepin County Recycling centers used to charge for t.v.'s and personal computers but they don't charge anymore. He suggested consulting the website because there is a limit as to the number of things that can be brought to the recycling center. Hughes said the third item he wanted to mention was attendance; the council discussed attendance requirements and Hughes said it will be further discussed. Mason asked about expiration of Commissioner terms of service. Friesen said with the seven commissioners, three are supposed to expire in 2009, two in 2010 and two in 2011. She said some years back four were expiring in one year and then three. In order to correct this, Mason and Maloney's terms were supposed to expire on December 31 , 2008. Friesen said there will be a resolution to the council to get the rotation back in the proper order. In 2008, no one gets appointed. Klein asked how it goes when people resign midterm. Friesen said that's how it got messed up in the first place. There were several vacancies at once and it got confusing as to who was being replaced. She said the new rotation shows in 2009 it's Maloney and Mason Dove, Bredeson and Tyler in 2010 and Klein and Neve in 2011. Dove asked about the ordinances and whether they are going to be included in packets as their ordinance books are not updated. Friesen said the ordinance changes have now been accumulated and the next step is to send them to the company that re-codifies the ordinance book. Friesen wondered if commissioners are interested in receiving the loose ordinance changes or do they want to wait until the book is re-codified. She said the other option is to provide a list and they can pick and choose what they want. Dove said she is asking for relevant ordinances be included in the packets. Mason asked if the council will be only one meeting in February. Friesen said it hasn't been determined yet. Mason said in order to plan ahead, perhaps the planning commission meeting could be televised if there is only one council meeting in February. Friesen said we'll keep it in mind. Maloney is asking for a quick update on the clean-up letters that were sent out. Friesen said a few specific letters have gone out but there weren't blanket letters sent to each individual. Friesen said the council had a tour and there was a checklist and the consensus was there were some violations • Plan. Comm. Minutes — 12-12-07 10 but the council wanted to see the actual letters before they went out. Friesen said part of it is the cooperation of the police department is necessary. She said usually there's a standard form letter and they cite the actual ordinance. However, Friesen said Orono Police states they won't enforce the zoning code and a lot of the nuisance problems are zoning issues. Friesen said a lot of times people don't pay too much attention to a letter from the city but will pay attention if it comes from the • police department. Maloney said she thinks a lot of people think it doesn't pertain to them. Friesen said there were several people however that did call city hall and stated their intention to get rid of their junk. Maloney wants to make sure the process continues. Friesen said the council has been divided on what they call junk. Tyler said he's disappointed that it's fallen down somewhat. Hughes said there is an example of how the police back-off on certain things. Friesen said she doesn't want to speak bad about the police but there has been some head butting as of late. Friesen said the example is city hall took a phone call last week about a snowmobile test driving up and down the city road and a pedestrian issue. Friesen said the police were contacted and the hope was the police would make contact with the snowmobile facility. Friesen said the police follow-up wasn't what the city expected and stopping into the business and handing out a copy of the ordinance wasn't enough. Maloney thinks it's important to mail out a letter to specific offenders because that's the next step. Dove thinks if some of these properties were enforced and perhaps made an example of, things might change. Maloney said the Planning Commission wants this followed through. **Resume public hearing part of the meeting, agenda item 5 b.** 8. ADJOURNMENT Klein makes a motion and Dove seconds to adjourn the meeting at 9:20 p.m. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Plan. Comm. Minutes — 12-12-07 11