The URL can be used to link to this page

2008 - Planning Commission - Agendas & MInutes CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION JANUARY 9, 2008 7:00 P.M. — CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — December 12, 2007 5. Adopt a Planning Commission chair for 2008 5. PLANNING COMMISSION a) Continuation of Public Hearing Re: GJELLSTAD, Clint, 4022 Sunset Drive 1 . Open Continued Public Hearing 2. Discussion & Comments a) NAC Memo dated January 2, 2008 b) Re-submitted sketched plan, various calculations and building proposal • c) Memo to Commissioners dated 1-4-08 1. Section 7 2. Section 13 3. Close Public Hearing 4. Recommendation to Council 6. COMMUNICATIONS a) February Calendar b) Building & Sign Permits for December 2007 c) Council Meeting — December 17, 2007 7. MISCELLANEOUS a) Update Regarding Spring Park Spruce It-Up 8. ADJOURNMENT • Planning Commission Agenda — January 9, 2008 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION JANUARY 9, 2008 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, Doug Sippel 3. OATH OF OFFICE: Administrator Friesen administers the Oath of Office to Commissioner Sippel. 4. ADOPT AGENDA Maloney notes there are three additions to the agenda to add to the Miscellaneous section; the Weeks variance request update, the Turner appeal and a handout regarding conflicts of interest and abstention. Mason makes a motion and Dove seconds to adopt the agenda. All votes ayes, motion passes. 5. APPROVAL OF MINUTES — December 12, 2007 Dove makes a motion and Maloney seconds to approve the minutes of December 12, 2007. All votes ayes, motion passes. 6. Adopt a Planning Commission chair for 2008 Klein makes a motion and Mason seconds for Maloney to continue as chair of Planning Commission for 2008. All votes ayes, motion passes. Chair Maloney accepts. Klein makes a motion and Neve seconds for Mason to act as co-chair. All votes ayes, motion passes. 7. PLANNING COMMISSION a) Continuation of Public Hearing Re: GJELLSTAD, Clint, 4022 Sunset Drive 1 . Open Continued Pub►ic Hearing Chair Maloney opens the public hearing at 7:05 p.m. 2. Discussion & Comments a) NAC Memo dated January 2, 2008 b) Re-submitted sketched plan, various calculations and building proposal c) Memo to Commissioners dated 1-4-08 1. Section 7 2. Section 13 Gjellstads approach. Clint and Jamie said they are back for the continued public hearing. Gjellstad said after the initial public hearing Planner Al Brixius had some suggestions. Gjellstad stated one negative was precedent setting close to the right-of-way. Gjellstad said he re-calculated the hardcover calculations and drew the new drawings to scale. Gjellstad said the new proposal is a 21 x 21 foot garage and it was the same as originally proposed, he just re-adjusted it according to Brixius suggestions. Gjellstad stated the hardcover will actually • decrease and that's not counting the right-of-way, the 17 feet of land between his property and Planning Commission Minutes —January 9, 2008 1 Sunset Drive. Gjellstad said they'd be planting some shrubbery. Mason asked if the arborvitae would stay and Gjellstad said no, they'd have to go. Gjellstad said there's a retaining wall and a walkway and that will stay. Gjellstad stated the hardcover gained will be on the roadside. Mason asked about the submitted drawing and what was indicated as parking and Jamie stated it was the parking allowance for the 4018 Sunset Drive property. Gjellstad said guests for 4022 Sunset Drive would park in front of the new garage. Mason asked what variances are being applied for. Gjellstad said the roadside and a side yard. Klein asked why the County doesn't play a role in this variance request and Friesen stated the County doesn't, it's up to the city first. Klein said if she understands Brixius's report he's recommending no parking. Maloney said she thinks Brixius means there would be no additional parking on the property beyond what is platted. Maloney asked if Gjellstad would be parking cars in the driveway and wondered how it would be enforced and Neve agreed and said it's not worth discussing at this time. Sippel said it isn't an issue when the owner is the same but could be in the future if one of the properties is sold to someone else. Mason asked about his current parking situation and Gjellstad said they have two cars, a pick-up and a trailer. But Gjellstad said vehicles can be changed. Dove asked about the drawing on the board and asked if Gjellstad was proposing no parking at the lot line. Gjellstad said not pulling directly into the right-of-way and not precedent setting were the two things that Brixius counseled Gjellstads to avoid. Klein wondered why Gjellstads wouldn't attach the house to the garage. Gjellstad stated they would lose windows in the bedrooms. Tyler stated he needs an orientation on the drawing on the dry erase board. Gjellstad illustrates points of reference. Dove asked if the two adjoining lots were presently combined and Gjellstad stated no. Dove stated her concern is the hardcover parking area covering both lots and wondered what happens if they chose to sell the other lot. Gjellstad stated it would be a recorded easement against the property. Mason said Gjellstad mentioned they could bring the proposed garage closer to the house; he wondered if the sideyard variance could be eliminated if that was done. Gjellstad stated they wouldn't be able to pull out of the garage adequately. Neve asked if the existing shed is Gjellstads or the neighbor's and Gjellstad said it's the neighbor's. Neve asked about the location of the neighbor's house to the south and Gjellstad said he's about 10-12 feet from the sideyard. Tyler asked how they would get into their garage and Gjellstad stated it would be accessed via a common driveway and both houses would be served by a common driveway. Gjellstad explained there would be grass planted and asphalt would be torn up in order to accommodate the new garage. Maloney said to summarize, they are reducing the hardcover on the current lot, not increasing (or reducing) the hardcover on the 4018 and adding green space which will improve the run-off. Klein asked how tall the garage would be. Gjellstad stated a gabled rafter, 17-18'. Klein stated when the garage is detached it can't be plumbed. Mason asked about what is happening with the 5' area and Gjellstad there would be grass planted. Sippel asked which way the gable will run. Gjellstad stated the gable will face the street. Jamie stated they are going for curb appeal at the same time. Mudhenk (neighbor in the audience) wondered about bringing the change up to grade. Gjellstad stated 4022 sits higher than 4018. Gjellstad stated they propose filling 4018 and dropping the floor of the proposed garage down a foot or two. Mudhenk asked if they'd try and channel the water away from his garage. Gjellstad said that's the natural flow. Gjellstad stated they would try to raise it level with Mudhenks. Mudhenk doesn't have a concern other than the flowage of the runoff. He doesn't • want water and ice flowing his way. Gjellstad illustrated on the dry erase board the levels of Planning Commission Minutes — January 9, 2008 2 the adjoining properties, 4022, 4018 and 4014. Mason asked about the water running off the road flowing towards the garage and Gjellstad stated there would be 24-25' of grass and that should handle it. Maloney said one thing to think about is grading can't affect the flow. Maloney stated the grading can't be changed because of the raised lot. Gjellstad said it will soak in first. Jamie stated the intent on the 4018 house is to keep all the green space and not alter it. Mason said the obvious question, as stated, if denied, Mason asked if a garage would be considered put on the other property. Mason wondered if they'd take the option to build a garage on the 4018 property. Gjellstad stated more than likely not. Jamie said the small house is a tear down. Neve asked if Gjellstads built the house at 4022 and Gjellstad said no, they bought it that way. Sippel asked where the power pole is located. Tyler asked if they've looked at combining the lots into one lot. Gjellstad said if they combine the lots they would never be able to split them. Tyler said his concern is they are taking two lots and changing them into irregular lots. Tyler thinks it would be a better sale point if they had one large lot instead of two irregular lots. Gjellstad said there would be an easement recorded. Tyler stated it changes the utilization of the lot because the driveway straddles both lots. Tyler stated one lot is being encumbered on and making it irregular. Gjellstad stated they are just trying to make this work with what Brixius suggested might be an option. They don't intend on selling the property and they need a garage. Tyler asked what kind of expenses would be involved if they combined the two lots into ones. Gjellstad stated he didn't know but it's not in the plan. Neve said if both lots are owned he wonders if the commission should be concerned about the salability of the lots if they own both properties. Neve said he doesn't care if they can't sell the property in ten years, it's their problem not the city's problem. Gjellstad agreed. Maloney asked if there are any other questions. Friesen wants to point out the second lot is only 28 feet wide. She stated if that existing house was torn down, new construction would have to meet setbacks and it feasibly probably can't happen. Tyler asked why they're considering entering the garage from the north and Gjellstad stated Brixius thought it was a safety hazard by pulling right out onto the county road and there would be no guest parking. Mason said the history of the property is that the previous owners requested a variance for a garage and it was denied for a lot of the same reasons. Klein said by re-orienting the garage it eliminated some of the safety issues. Mason explained that the previous owners wanted to maximize the living space of the house and decided to not have a garage. Mason stated they came forward a second time to ask for a garage but it never followed through the process. Gjellstad said the hardcover with the first proposal would have increased but now, with the new proposal, it has decreased the hardcover. Mason asked if the variance was hinged on attaching the garage closer to the house would they consider that. Gjellstad stated they want the garage so they would consider it but Gjellstad stated he didn't think there was a lot to be gained by attaching the garage to the house. Gjellstad said the hope is there would be a three foot area between the house and the garage creating a walkway. Hughes suggested they look at the 7.5 distance between the garage and the CR. Hughes asked if they are asking for a 22.5 foot variance and Gjellstad said yes. Klein asked if they would think about giving up the main floor and Gjellstad described the layout of the house. Maloney asked Friesen to explain a memo she put out. Friesen stated her memo deals with hardship and the state has three criteria that need to be met. The first one is the property can't be put to a reasonable use without the variance and Friesen said that is true. Second, that the • landowner's plight is unique. Friesen said the circumstance is not unique to the property Planning Commission Minutes — January 9, 2008 3 because in that area there are a lot of properties that don't have garages and it was caused by the previous landowner. Third, the variance, if granted, will not alter the character of the locality and Friesen said she believes the character would be altered. She also stated a hardcover of 40% is not in character. She stated 30% maximum is according to ordinance and probably adjoining properties are over the 30% but the feeling of the city is to reduce the hardcover and the hardcover calculations are high on both properties if the garage is granted. She said Brixius also attempted to send a memo however the internet was down. His thoughts are that the variance shouldn't be granted. Friesen said undo hardships are governed by opinions too. The commissioners may feel the applicant meets the criteria. Neve asked if hardcover on 4018 is being increased and Gjellstad said no. Neve asked how many garages close to him have garages on the street. Gjellstad said one garage is about 3.5 feet from the fog line of CR 51. Mudhenk said he has a garage but it is too short so he parks outside. Wilson has a garage and he parks stuff outside the garage. Neve asked about Sterne's garage from the road and he said it's 25 feet from the white line. Neve's said his question is a precedent already has been set for this area and what is a precedent. Friesen said typically a precedent gets more emphasis than it should and each application should be looked at individually and based upon their merits. Maloney said she thinks the reason for this large front yard setback is so they can park off the right-of-way. Maloney said to her it's almost like a side yard. Sippel thinks it's uniformity for curb appeal. Mason said there is a little difference between an R-2 and an R-1. Friesen explained R-2 can have duplexes or larger multi-home housing and they need higher square footage to support it. Hughes said he wondered if the city wants to encourage buildings up close to the county road. He explained the setback used to be 50 feet and it's been reduced to 30 feet. Maloney asked if there are any more questions. 3. Close Public Hearing. Maloney closes the public hearing at 8:04 pm. Maloney asked for discussion. Klein makes a motion and Dove seconds to recommend approval of the variance and the easement be recorded prior to issuance of the building permit. Neve wondered if there would be a stipulation on where the grass is planted. Sippel wondered if they would be allowed to plant grass that close to the right-of-way. Tyler, no; Dove, aye; Neve, aye; Klein, no; Mason, no; Sippel, aye; Maloney, no. Motion fails. Sippel stated this is a recommendation to the council and they have final say. 4. Recommendation to Council. Friesen stated this recommendation goes to the council on Tuesday, January 22"d 8. COMMUNICATIONS a) February Calendar b) Building & Sign Permits for December 2007 2437 Black Lake Road and Neve wondered what it was. He was told it was new construction for Rockvam. Klein asked if there were any variances needed and was told no. c) Council Meeting Minutes — December 17, 2007 Dove asked if they could get unapproved council minutes in their packets. Friesen explained that the meeting was just this past Monday and too late for inclusion in last Friday's packet. Klein thought she saw were the council would approve planning commission minutes and Friesen said no, it was just acceptance and explained it was because of the Weeks' variance and Turner's appeal. • Planning Commission Minutes — January 9, 2008 4 9. MISCELLANEOUS a) Update Regarding Spring Park Spruce It-Up. Tyler said they presently have $2,000 and they were hoping for around $2500 to do some things they talked about; painting, general clean up, non skilled labor through volunteers. Tyler thinks they've gotten what they're going to get. Neve is going to do some advertising for volunteers. Tyler said the person receiving the application needs to sign the application. Tyler wants to have five judges who will judge the applications and there are criteria for guiding the selection process. So far they have Neve, Tyler, Mrs. Tyler, possibly Mrs. Neve and one other person. Tyler is concerned about three commissioners because of a quorum. Hughes thinks since they're advisory, they might be able to get around it. Hughes liked the idea of other people involved not on the commission. Tyler wanted to know the judges because he wants them to be level headed, objective and non-biased. Neve asked if maybe Sharon Cori or Bill Weeks would be interested. Hughes said Cori doesn't live in Spring Park. Tyler said he will entertain any ideas for the judging panel. He said they are setting up an account at Prime Security and they are going to be using the name Spruce-it-Up. Friesen explained the council's decision on the Bill Weeks' variance request. She said these are difficult because they are judgment calls and the commission put an emphasis on the economic. Friesen said the council's emphasis was on the two existing parcels originally platted and they were returning them back to what was originally platted. Friesen said the variance is good for a year and within a year he will have to subdivide. Hughes added there was a condition that he bring his deck into the full ten foot sideyard setback. Friesen said with Turner in regards to the hardcover being calculated it will be delayed until • Spring in order to re-measure. If it is, Pollock will have to reduce the hardcover or ask for a variance. With regards to the driveway, Friesen said there was a lot of discussion. She said what ended up was the council removed the requirement that driveways had to meet sideyard setbacks. She said if the council made Pollock remove the driveway because when he s -1 i constructed it he was in violation, he could now put a driveway back in along the sideyard. �,b Friesen said there is still some conflicting language in the ordinance. Klein disagreed and she -3 feels the council refused to enforce. Hughes said the council relied heavily on Beck's analysis and said there are some conflicting things in the ordinance. Friesen stated in looking at the old 2 ordinance before 1993, a driveway was not considered a structure in that previous ordinance. However, that got left out in the latest ordinance and it's not known if that was purposeful. Klein asked if that's the case then what's the financial hardship of the city to keep it that way. Klein said i grits were issued erroneously. Friesen said practically Q every driveway in Spring Park is non conforming. Klein said a driveway comes with a building permit. Klein said it seems to her there are other ordinances and there are four other -d v ordinances that say a ten foot setback is required for a driveway. Klein said the city doesn't acknowledge it. T Vi = Friesen said NAC is going to go through the code book in relation to driveways. Friesen said .� the conflicts with driveways need to be updated as soon as possible. Klein asks if the four r erroneous ordinances will go through the public hearing and Friesen stated yes. Friesen said > there is some feeling that it should be graduated in width if, the property can support it. Klein -,- rr said what is the justification from the council's perspective to remove the sideyard setback for driveways. Hughes said the rationale is what constitutes a driveway? Do you count the area - to the side of a garage a driveway or is it just storage? He said it doesn't matter what the Planning Commission Minutes — January 9, 2008 v 5 .J surface treatment is, it's what is the definition of a driveway. Hughes said the vast majority of driveways in Spring Park are on the property line. So, if an ordinance is passed making them non-conforming and the city requires them to be removed or altered, the city is responsible to pay for it. Maloney said it's a grey area and Klein said she doesn't think it is. She stated the Planning Commission unanimously voted twice to not change the driveway ordinance and now they're going to be asked to vote again. Tyler wanted to comment on the discussion in the public hearing about commissioners' authority, or lack there of, and to be careful about what is said to the audience. Tyler doesn't think it's appropriate to undercut the commissioner's authority in a public forum. Tyler said they (Gjellstads) did a very good job. He thought they were very mannerly, articulate, they showed no emotion and he thought they did an exceptional job. But, if they go back to their neighbors and say they spent an hour or so baring their souls only to find out it wasn't important, how can the commission expect future applicants to take their role seriously. Mason wants to go back to the minutes. He said the approval went by too quick. He said on page nine, Mason had brought up the 60% rule and Brixius corrected Mason the 80% rule and sewer and water being on both properties and a percentage of square footage on a property was about 80% of what was needed of the 10,000. Mason didn't think it was explained in the minutes the way it was discussed. Mason's discussion between Brixius was omitted in the minutes. Friesen said Brixius did write a memo to the council that included that information. 10. ADJOURNMENT Klein makes a motion and Mason seconds to adjourn at 8:35 p.m. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Planning Commission Minutes — January 9, 2008 6 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION March 12, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — January 9th, 2008 5. PLANNING COMMISSION a) Comprehensive Plan Meeting Update i. Minutes from January 28, 2008 Meeting b) Spruce it Up! Update i. Candidates ii. Volunteers iii. Scope of project c) 2008 General Election i. Becoming an Election Judge 6. COMMUNICATIONS a) April 2008 Calendar b) Council Meeting — January 7, 2008 c) Admin Committee — January 9, 2008 d) Police Commission — January 15, 2008 e) Special Meeting — January 29, 2008 f) Police Commission — January 31, 2008 g) Council Minutes — February 4, 2008 h) Council Minutes — March 3, 2008 7. MISCELLANEOUS a) Private Property Boundary Disputes b) Retirement Party for Bruce Anderson, March 12, 2008 c) Building and Sign Report, January and February, 2008 8. ADJOURNMENT • Plan. Comm. Agenda — March 12, 2008 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA PLANNING COMMISSION • MARCH 12, 2008 7:00 P.M. — CITY HALL 1. CALL TO ORDER Chair Maloney called the meeting to order at 7 pm. Pledge of Allegiance 2. ROLL CALL: Commissioners Tyler, Dove, Mason, Sippel and Klein and Chair Maloney. 3. ADOPT AGENDA Dove makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES — January 9th, 2008 Klein said on page five, third paragraph, third to last sentence she would like to make a correction where it says "Klein said in previous meetings ...". She said she said "It was stated in previous meetings they were issued erroneously." Klein makes a motion and Sippel seconds to approve the minutes with the correction. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Comprehensive Plan Meeting Update i. Minutes from January 28, 2008 Meeting Friesen said it's more or less just an update to keep the PC informed. Friesen said the draft comp plan comes to the PC via public hearing and Klein wondered when that would happen. • Friesen said probably sometime in the fall. Maloney wondered if Mork-Bredeson should be replaced as an alternate. Klein asked if there were several people on the committee already. Maloney wondered if there can be an e-mail reminder of the meeting. Friesen said the next meeting is March 271h. Mason asked how many more meetings there will be and Friesen thought at least four or five more. Maloney thinks it would be nice if someone could be there from the PC. Friesen said the responsibility of notifying the alternate should be with the Commissioner who can't attend. Maloney said Mason cannot be at the next meeting. Dove said there is a wide variety of people involved in the comp plan meetings. b) Spruce it Up! Update i. Candidates ii. Volunteers iii. Scope of project Tyler said the good news is fund raising, mostly from business donations, is around $1800. He said there were four residents that contributed and he was pleasantly surprised about that. The not so good news is the article posted in The Laker said February 281h was the deadline and there were no applications submitted at that time. Tyler thought they would have had at least six applications by then. He said since the 28th, with help from the staff, they've received three but he thinks two of those clearly don't qualify. One is an elderly female who has a lake lot and he thinks they might be subject to some criticism because of her home value. Another applicant needs some foundation repair and roof repair. Tyler said structural repairs are not within the scope of the project. The third one was not signed by the applicant and it was a nomination for • someone else. It consisted of outside landscaping and painting so it's a good candidate. Tyler Planning Commission Minutes — March 12, 2008 1 said he has not asked for donations from the local hardware stores until they know what materials the project will need. Tyler said they are going to look to the person who was nominated. Tyler said they'll start doing the specific planning when they know more about the nominated candidate's needs. Sippel asked about the date. Tyler said he thought it's around May 3`d because the Spring clean-up is usually on the 10t'. Sippel asked about the trail and sai depending on the volunteer staff for the Spruce-it-up!, perhaps a clean-up of the trail could be part of the project. He said he doesn't want to detract from Spruce it Up! but, if there are plenty of volunteers, it might be a good idea to have some of them walk the trail. Klein said she'd be happy to work on Northern Avenue portion. Friesen said she didn't know how much Hennepin County will actually do with cleaning it up but it definitely speaks for how the city looks.***Klein asked staff to look into this. Dove said the Boy Scouts could be contacted because they do that sort of thing and they might be willing to volunteer. Friesen said the city's Administrative Secretary is active in 4H and they are looking for a project. Tyler said they're still open for applications and he thinks Sippel's idea for volunteers and how it relates to the Spring Park Spring clean up would work with cleaning up the trail. c) 2008 General Election i. Becoming an Election Judge Lewin said city staff is looking for a large pool of election judges to draw from. She said it's a very long day for workers and in the past it's been predominantly retired-age females that work the election. The hope is to get the word out that by having lots of volunteers, the day could be split or hours arranged so there was a break in between. Klein said you it's a paid position and employers have to accommodate employees that want to serve the election process. Dove suggested a flier be sent to her and she will post something at her shop. Klein said she would post something as well. Mason asked about the age requirement and he thinks there might be a lot of young people that would like to get involved. 6. COMMUNICATIONS • a) April 2008 Calendar b) Council Meeting — January 7, 2008 c) Admin Committee — January 9, 2008 d) Police Commission — January 15, 2008 e) Special Meeting — January 29, 2008 f) Police Commission — January 31, 2008 g) Council Minutes — February 4, 2008 h) Council Minutes — March 3, 2008 Klein has a question on page five. She said Hughes said he understands the PC members need to let the alternate know if they can't make the meeting. Klein wondered if he was talking about the comp plan meeting and Friesen confirmed. Klein wondered about the ordinance violation on 3811 Togo. Friesen said it's related to a business being operated in a residential district. Friesen said the resident has been given warning by the city. Maloney said there was an extra set of minutes included in the packet for Police Commission on February 18, 2008. 7. MISCELLANEOUS a) Private Property Boundary Disputes Mason said being that the City of Spring Park was involved via the building permit he wonders if that makes them automatically involved. Mason wonders if that isn't the case. Friesen said the city was provided an as-built survey and it shows the house was built within the setbacks. So it now comes down to if the surveys don't agree, the property owners need to work it out • Planning Commission Minutes — March 12, 2008 2 themselves. She said the city isn't culpable at this point because we were provided with a survey that satisfied the setbacks required of the city. Friesen said at this point it's back in the homeowner's hands and they need to work out the discrepancy. Mason asked if there's a determination date and Friesen said the city isn't involved anymore so it doesn't matter. b) Retirement Party for Bruce Anderson, March 12, 2008 c) Building and Sign Report, January and February, 2008 Dove said she keeps seeing signs going up or wondered if they're getting moved around at Certified Auto Repair. Friesen said they are getting more signs. Maloney said the new sign that has been put in place impedes the traffic site lines. Friesen said another sign is on the west side of the building and it's an on-site advertising sign and it's prohibitive by ordinance. Dove said the temporary sign has long gone beyond the temporary sign ordinance. Klein thinks there should be an annual application for temporary signs, like Lord Fletcher's fishing tournaments and such. They can lump them all together, annually. Dove said this sign issue has gone on long enough. Dove said she understands the sign issue might be at the bottom of the list but it needs to be addressed because it's a traffic hazard. Mason said Pfleghaar is negotiating a lease with the county for the use of the property. Mason said the county property comes very close to his rear door and it might be difficult to get a vehicle around to the back. Dove asked about Minnetonka Drive-In and Laser Lights, 4636 and 4658 Shoreline Drive. Dove said Laser Lights is doing a great job on their store front but she wonders about what is going on in the rear. Friesen said a letter was written to them when there was a rumor that the business was moving to Delano. Friesen said there was no response to the letter. Dove said that property has sat like that for a long time and there's been more than ample time to get this taken care of. Klein wondered if anyone knows anything about the apartment buildings in Mound on Basswood and Belmont. She said there are several people being evicted and gas is being shut off. Apparently some of the buildings are in a foreclosure redemption period. Dove recommended Klein go to HC property information and get the name of the owner and call the housing court and ask where the proceedings are at. Klein said she's already gotten that information. Dove said even • though the market is what it is, nobody is spending. 8. ADJOURNMENT Klein makes a motion to adjourn at 7:38 pm and Sippel seconds. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Planning Commission Minutes — March 12, 2008 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION • April 9, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — March 12, 2008 5. PLANNING COMMISSION - Memo fro Wendy dated 4-4-08 a) Memo dated March 11, 2008 from Sarah to Council b) Sample letters sent to property owners and boat owners c) Spread sheet on responses received from letters sent d) Letter dated April 1, 2008 from LMCD e) E-mail message from Sarah regarding history of Spring Park's dock ordinance f) Current dock ordinance language from Spring Park, Cities of Orono and Minnetonka Beach 6. COMMUNICATIONS • a) May Calendar b) Building and Sign Report, March 2008 c) Council Minutes, March 17, 2007 d) Letter to Certified Auto Repair dated 3-21-08 regarding illegal signage 7. MISCELLANEOUS a) Spruce it Up! Update 8. ADJOURNMENT • Plan. Comm. Agenda — 04-9-08 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION April 9, 2008 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, Doug Sippel 3. ADOPT AGENDA Klein makes a motion and Dove seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — March 12, 2008 Klein makes a motion and Mason seconds to approve the March minutes. All votes ayes, motion passes. 5. PLANNING COMMISSION - Memo fro Wendy dated 4-4-08 a) Memo dated March 11, 2008 from Sarah to Council b) Sample letters sent to property owners and boat owners c) Spread sheet on responses received from letters sent • d) Letter dated April 1, 2008 from LMCD e) E-mail message from Sarah regarding history of Spring Park's dock ordinance f) Current dock ordinance language from Spring Park, Cities of Orono and Minnetonka Beach Friesen said this is being brought forward because of complaints about Spring Park docks. The ordinance states only boats of the property owner allowed to be docked at the premises. She said a person who has lakeshore property cannot have boats at the dock not registered to them. Friesen said the LMCD allows two boats not registered to the property owner but Spring Park ordinance is stricter and the stricter ordinance applies. Sippel said he wondered if the LMCD was trying to enforce this. Friesen explained that it started with the LMCD. This came up last year with the council and the police physically took license numbers. It was late fall so it was decided to wait until early spring to notify residents about the ordinance and that there would be a stricter stand taken in the future about violators. Friesen said at some point there will be an amendment of the dock ordinance and it will be via a public hearing. She said this is the beginning of the change and tonight it's being brought in front of Planning Commission for their input. Dove said they have relatives that occasionally like to tie up to property their dock for an extended period of time. Maloney suggested there be a time allowance for relatives to be able to tie up at docks. Sippel asked what the penalty is and Friesen said it's a misdemeanor and it's $500. Friesen said she's not aware of it ever being enforced and Widmer said it was enforced once that she can recall. Friesen said it's the small lots with limited parking and when people start using their dock as a source of income. It becomes a neighborhood problem because of • parking problems and noise. Maloney doesn't think it matters whether they are charging people. Planning Commission Minutes — April 9, 2008 Page 1 Friesen said it comes into play when the apartments are charging for docks. They are not Marinas and they are acting as marinas. They are also not taxed as a commercial enterprise and commercial enterprises pay a lot in taxes so apartments are getting by with a commercial function and not paying the taxes. Friesen said the ordinance is written for the use of the occupant of the premise. Dove said she likes the idea of defining this ordinance more. She stated their rental tenants have had to have it defined because in their leases it states they cannot rent the dock to any other. Dove said docks are a huge expense but she is concerned with the language of the ordinance being so strict and not allowing guests to tie up for a weekend. Maloney suggested perhaps there's something like a permit that can be obtained through the city. Mason asked why the Spring Park ordinance has to be different than the LMCD. Mason said the LMCD spends money on researching and enforcing their ordinance and he wondered why Spring Park has to go beyond that. Mason said in regards to the apartments, there are vacancies and by renting out dock space it keeps down the rents for the other tenants. He feels the city should be affordable. Klein said her response is the LMCD controls the water and the shoreline but the city has to take care of the property and there can be problems when there are people not vested in the city but using the property owner's land. Klein wants to address the size of boats as she feels the LMCD is too loose. Mason wondered how much the city of Spring Park is going to spend to amend this ordinance. Mason thinks the speed of this ordinance is not casual, he feels it's being moved through fast. Widmer said she thinks what started this was the LMCD's harder stand. Widmer said it was determined that if the LMCD was going to enforce the apartments, then the private property owners needed to be enforced as well. Klein wondered how many complaints the city has received. Friesen thought about five in the • past several years. She said they've been random complaints and it was dependent upon the police enforcing the violations. Klein asked if the council is serious about enforcing the violators. She wondered if there would be a stricter letter sent. Widmer said letters have already been sent but nobody will know until the ice goes out, the docks go in and boats are parked. Widmer said they were looking at the complaints that have come in so far and this is more of an educating process at this time. Friesen said Beck recommended someone needs to document the violation, take pictures and get the license information and then follow up several days or weeks later to determine that the boat is in fact being docked in violation. Klein suggested it be started by complaint. Widmer said that's why the ordinance needs to be more defined. Widmer said if the Planning Commission feels it's not fair, right or not defined correctly, the Planning Commission should work to make it better. Widmer said they're asking for the PC's opinion. Maloney agreed that dock rental should not be allowed. Maloney thinks it can devalue property. Neve asked why and Maloney said because of the increased traffic and the crowding on the lake. She prefers one boat to four boats tied up at a dock. Neve said he's not sure what to say. He said his street has one side that's lakeshore and the other side is not lakeshore and some of his neighbors rent space to the off shore neighbors. He sees both sides. Friesen said there is always the variance process in order to have off shore neighbors have a dock space. Klein said it could be where residents within a certain area would be allowed to park their boats with permission. Maloney said she'd prefer it to be more restrictive and she is concerned about a variance process among neighbors who will support it out of wanting to be good neighbors. Friesen said the first council meeting in May an LMCD rep will be addressing the council. At that • point there should be a next obvious step. Sippel said he sees both sides but he prefers Planning Commission Minutes — April 9, 2008 Page 2 complaint basis enforcement. Sippel feels the cost is prohibitive and the city has better things to do. Neve suggested to shore up the ordinance and go by complaint generated. He thinks maybe the apartments could be asked to run by a permit issued but he thought that sounded like that might not work. Neve asked about the movie gallery and wondered about the dock area in • that general vicinity. He wondered if it's private rental of docks. Friesen said in looking at Spring Park's ordinance, it only addresses residential. She doesn't believe the ordinance talks about commercial docking and that area is considered commercial. Klein said this might be something that needs to be regulated by the city as well. 6. COMMUNICATIONS a) May Calendar b) Building and Sign Report, March 2008 c) Council Minutes, March 17, 2007 d) Letter to Certified Auto Repair dated 3-21-08 regarding illegal signage Klein thought an excellent job was done on the letter. Mason said Phleghaar used to work for NorthWest airlines and Mason asked if he was given information about the signage. Friesen said it's up to the applicant to ask the questions about what they can and cannot do. Klein said they were specific about the signage and the applicant should know that. Mason asked about a trash enclosure. Mason said Phleghaar's dumpster is right next to the Minnetonka Drive In and Mason thinks it might be a nice gesture if the city could contact Phleghaar about moving the dumpster away from the picnic area. Mason also mentioned Minnetonka Drive-in's property was damaged by the contractors that are working on the trail and his parking lot was damaged. Mason said Bennyhoff would more than likely be hesitant about complaining about the damage. Dove asked about fencing on the bridges to keep kids from jumping from the bridge. Friesen said this was addressed at meetings and it was discussed. • 7. MISCELLANEOUS a) Spruce it Up! Update Tyler said since the last meeting there were one, maybe two nominees. Tyler said there was a good nomination but there is no front yard and there are several cars parked that are expected to remain so any efforts to spruce up that property might not help because of the vehicles. Tyler wanted to talk about options. He said there isn't a qualified nominee yet. He said if someone came in today they probably couldn't get this going by May 3rd so, it's been delayed. He also thinks a summer date might not work because they'll have trouble getting volunteers. He's wondering if a fall date would work better. Tyler said when they started this project he felt this would be the least of his worries. Tyler also felt the money could be used as a city activity but the donators would have to be notified of the change and given the option of returning their money. Dove thought this had nothing to do with the city. Tyler said that's true but they could donate the money to the city. Widmer wondered if there's a possibility wherein a work crew could be organized to help clean out dead fall and branches east of Lord Fletcher's restaurant by the fishing access. Widmer said she stopped there tonight and there is a sign that says it's a LMCD, a DNR and a City supported project and she said it looks terrible. Mason asked what happened to the earlier initiative to get this cleaned out and Widmer said no one has stepped forward to take this on. Maloney said she prefers using the funds for sprucing up a home. Widmer said she wasn't thinking about the funds, she was thinking more about the labor or man power. Dove suggested approaching the schools or organizations that take on these type of projects. • Planning Commission Minutes — April 9, 2008 Page 3 Tyler said he received two more personal checks from residents in the city and he thought that was a really nice gesture. Tyler thinks it's a minimum of six to eight weeks lead time to get the actual project organized but it really depends upon the actual project. Dove asked about an applicant that had been nominated and the person nominated didn't want the help. Maloney said she almost prefers the fall for a project because this spring is too busy and the summer is difficult. Tyler said there's approximately $2200-2300. Klein thought some of these projects would be more labor-intensive versus the cost of supplies. Tyler said the intent was for someone that really needs it. Tyler said he's found people are really proud and they don't want to accept the help. Friesen said sometimes if they just show up, most people will accept the help. Tyler said the intent is to try and improve the overall look but he's not sure raking is the purpose of what this Spruce it Up! project was all about. Mason suggested a bike ride around the city and maybe people could be asked if they'd be interested. Tyler said that essentially is what was done with the specific letter sent out to every homeowner in the city. Tyler said another thought was a lottery. He said all the addresses could be put in a hat, except waterfront people, and pull an address out of the hat and call the person and say you're a winner. Klein thinks there needs to be a dollar value assigned to who would be entered in the lottery. Tyler said if the criteria is changed whatsoever, the donors need to be notified. Friesen agrees a fall project might be better. Tyler asked if each commissioner took on the task of finding one applicant each. Someone they think might need this help. Dove thinks it's a fine line when it's not something as part of the city because the PC is being asked to bring applicants. Widmer wondered if there's anyone in the area that is in the service that might need help. Dove said she has a list at the Mudd of persons in the service but she's not sure about Spring Park. Dove thinks it might not be fair to limit the applicants to off lakeshore property because many people might be on fixed incomes or infirm and can't afford the actual • maintenance costs. Widmer said just because they live on the lake, older people have maybe lived there 40 years and they might not have the disposable income to fix up their homes. Dove thinks maybe the applicants already submitted might need to be looked at again. Tyler suggested team members look at the one applicant that is an elderly person that lives on the lake. 8. ADJOURNMENT Klein makes a motion and Maloney seconds to adjourn the meeting at 7:58 p.m. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Planning Commission Minutes — April 9, 2008 Page 4 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION May 14, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES —April 9, 2008 5. PLANNING COMMISSION a) Public Hearing Re: 1. Open Public Hearing — Read Public Hearing Notice 2. Discussion & Comments a) Staff Memo b) Survey of Proposed Site with Utilities Located c) Photo of Similar Unit d) E-mail Correspondence with City Planner 1. Dated May 6, 2008 2. June, 2007 e) Mound Fire Department Letter, May 4, 2005 • f) Various copies of related ordinances 3. Close Public Hearing 4. Recommendation to Council b) Sign Permit Application 1. Staff memo dated April 29, 2008 c) Continued Dock Ordinance Discussion 1. Memo from Nancy Beck dated 4-9-2008 d) Open Discussion Item Regarding Vagrancy 1. Staff memo dated 4-30-08 with associated code 6. COMMUNICATIONS a) June 2008 Calendar b) Building and Sign Permit for April, 2008 c) Channels 8 & 20 Schedules d) Administrative Committee Minutes —April 16, 2008 e) Council Meeting Minutes —April 21, 2008 f) Board of Review Meeting Minutes —April 28, 2008 g) Council Meeting Minutes Unapproved/Unedited — May 5, 2008 7. MISCELLANEOUS a) Star&Tribune article, "Home data on citizens who sit on boards..." b) Norling's letter dated April 22, 2008 c) League article "Robert's Rules Made Practical" . 8. ADJOURNMENT Plan. Comm. Agenda —June 18, 2008 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION is May 14, 2008 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 Maloney, Mason, Neve, Dove, Sippel. Tyler excused, Klein absent. Bill Townsend and Brandis Meyer in the audience. 3. ADOPT AGENDA Sippel makes a motion and Maloney seconds to adopt the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES —April 9, 2008 Sippel made a motion and Neve seconds to approve the April 91h, 2008 minutes. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Public Hearing Re: 1. Open Public Hearing — Reed Public Hearing Notice Maloney reads the published notice. 2. Discussion & Comments Maloney opens the public hearing at 7:16 p.m. Neve asked about the possibility of partially burying the tank, perhaps with a grate over the top and landscaping around it. Maloney thought this might be necessary as the esthetics might not be what the city is • looking for. Maloney asked about the propane tank exchange and Townsend said they continually run out and they come out about twice a week as it is. Maloney wondered how many RV's would actually be using this propane fuel station. Townsend said there are RV's around. Mason wondered if RV owners would just bring their tank in to have it filled and Townsend said most of them are fixed within the vehicle. Sippel said he liked the idea for personal reasons but wondered about hours of operation. Townsend said there were two in town previous and now they're no longer in the city. Townsend thought the ice fishing season might be even more busy than the summer season. Sippel asked about how the unit is installed. Townsend said it comes in on a crane and they lower the unit down. He said it comes in empty, of course. Sippel said there is a concern about the unit and being able to move it when necessary, especially when it's full. Townsend said he did call his contact and it isn't an easy thing to move if it's full of propane. Townsend said he's looked into a smaller unit but the bigger unit fits his needs and demand better. Mason said it's looking like it can't go in the area of the street utilities. Townsend said it's a product and a service he would like to have and he's looking for suggestions and ideas from the commissioners where would be the best spot to put it. Mason asked about setting it away from the line and down by the pump house in the SE corner. Mason suggested two 500 gallon tanks and Townsend said it would probably take up the same amount of room, if not more. Discussion was held about the underground utilities. Sippel said he has concerns about the underground utilities. Neve asked about the noise production as he lives close. He asked about fuel being dispensed in the late hours. Townsend said it is not self service. He said there is a pump that runs while it's filling. Townsend thought from 8 a.m. -8 p.m. Neve said his concern was fueling the tank, when there is a delivery of the fuel. Townsend said it doesn't make anymore noise than what is already being done with gasoline fueling. Brandis Meyer asked if there is an odor associated. Townsend said there is an odor if there is a leak and it's a safety factor. He said it's non toxic and it's not volatile but it is flammable. Mason said there isn't going to be any more odor than regular • gasoline fuel. Sippel said it dissipates in ten feet. Townsend said if it's built out on the boulevard and screened, it takes away from the faciliity. Neve thinks a good option is to check to see if it can be buried. Plan. Comm. Minutes — May 14, 2008 1 Townsend thought it needs to be fairly close to his main building. Mason wondered about a water table issue if it's buried. Mason asked about the fish houses that are for sale and they are out on the boulevard and he wonders about that. Maloney asked if there are any more questions. There are none so Maloney closes the public hearing. • a) Staff Memo b) Survey of Proposed Site with Utilities Located c) Photo of Similar Unit d) E-mail Correspondence with City Planner 1. Dated May 6, 2008 2. June, 2007 e) Mound Fire Department Letter, May 4, 2005 f) Various copies of related ordinances 3. Close Public Hearing 8:07 p.m. Maloney asked about making a motion contingent upon the utility superintendent's and fire department's approval. Friesen concurred and said it can be broad. Friesen suggested the commissioners refer to the process. Maloney reads them out loud and notes there are five criteria to be met. Maloney makes a motion and Dove seconds to approve the conditional use permit application with the stipulation of staff approval regarding the proposed location on the south property side. Dove confirms it's contingent on staff approval, Goman, the fire chief and any other personnel that needs to review this. Friesen said they are approving a recommendation to the council because the council has the final say. Mason wondered if there should be anything about screening. Townsend said there are protective pylons across the front so in order to get it as close to the curbing as possible, there isn't room for landscaping. Sippel said on the south side it is already screened from the residential district and Friesen said it would always have to be screened from view. Sippel suggested the fire department review placing it next to the building by the carwash. Maloney suggested that be covered in the staff review. Maloney thinks there would be a traffic flow issue. Neve said when going in front of the council Townsend should go through the site plan and have everything noted. All the setbacks noted and drawn to scale will help. Maloney said it doesn't have to be fancy,just clear. All in favor, all ayes, motion carries. • 4. Recommendation to Council b) Sign Permit Application 1. Staff memo dated April 29, 2008 Lord Fletchers asked for a four month sign permit extension on a temporary sign. Maloney suggested it be kept in good repair and maintained and there shouldn't be a problem. c) Continued Dock Ordinance Discussion 1. Memo from Nancy Beck dated 4-9-2008 Friesen said it's ongoing and we'll keep the Planning Commission informed as this moves along. Beck is presenting options but it's still in the discussion stage. Sippel asked if it's about the ordinance or the apartments and Friesen said the ordinance in general. Sippel asked about the LMCD ruling for the apartments and Friesen explained it's a multiple dock license. There are a certain amount of slips granted and the LMCD is okay with that but it's the city that restricts the boats docking and it's more restrictive than the LMCD. Neve asked if any other cities enforce this strict ordinance. Friesen said Orono's ordinance is also strict but it's difficult to enforce. Sippel said his opinion, if the verbiage is vague, it's up to the council to determine what's acceptable. He doesn't have a problem with the apartments renting out slips. He has a few more issues with residential property because of the parking and the noise. d) Open Discussion Item Regarding Vagrancy 1. Staff memo dated 4-30-08 with associated code Dove said she's been noticing an increase in vagrants, people hanging around businesses and panhandling. She said there are some ordinances on the books and she wondered if this can be addressed with the police. Friesen said she'll take it to police commission. Dove said she has had three vagrant people at her place of business and she feels this needs to be addressed. She said a customer told her one of these individuals actually knocked on her residential door. She said it's a concern with children home alone. Friesen said the one thing mentioned is problems that used to be inner city and they are now expanding to the outer ring suburbs and the insulation is going away. Dove thinks this is not an element that should be encouraged. • Widmer said years back there were always the two notable males that slept in the train cars and they were Plan. Comm. Minutes— May 14, 2008 2 accepted as part of the community. They were known to be paid for mowing lawns. Mason said some businesses used to help them out. They would get haircuts and they were fed by the drive-in. He said the county would house them in the winter and then bring them back out in the spring. Dove said she is concerned with the young men because there is obvious chemical use going on. Mason asked Townsend if he has had issues with vagrancy. Townsend said his staff is trained to watch these type of people and if they are breaking the law the staff is instructed to call the police. Townsend said he can't point to anything specific. Sippel said he's concerned about the pattern of behavior by the police or unwillingness to enforce city ordinances. Sippel said it sounds as though the police are reluctant to get involved with enforcing certain ordinances within the city. 6. COMMUNICATIONS a) June 2008 Calendar b) Building and Sign Permit for April, 2008 c) Channels 8 & 20 Schedules d) Administrative Committee Minutes—April 16, 2008 e) Council Meeting Minutes —April 21, 2008 f) Board of Review Meeting Minutes —April 28, 2008 g) Council Meeting Minutes Unapproved/Unedited — May 5, 2008 7. MISCELLANEOUS a) Star &Tribune article, "Home data on citizens who sit on boards..." b) Norling's letter dated April 22, 2008 Maloney wondered why the Commissioners don't have any input on this since it's beautification and Widmer said the council doesn't either. Widmer said they just get it the proposal. She said Scanlon did ask for a breakout of the Shoreline Drive, $16,000. Maloney wondered if there are bids put out or is it always Norling's. Widmer said the Yacht Club has a different landscaper and it was suggested we ask them for a bid. Friesen said the city should get quotes. Maloney said as long as the city is satisfied that seems to be important. Widmer said it was always difficult in the past because there was never a grid for bidding purposes but now there is an actual drawing showing specifics. Maloney thinks it makes economic sense. Widmer said the way things are going with property taxes the council is watching these things closer that ever before. c) League article "Robert's Rules Made Practical" 8. ADJOURNMENT Sippel makes a motion and Maloney seconds to adjourn the meeting at 8:22 p.m. All votes ayes, motion passes. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Plan. Comm. Minutes— May 14, 2008 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION July 9th, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. Notice of Cancellation of June, 2008 Planning Commission Meeting 5. APPROVAL OF MINUTES — May 14, 2008 6. PLANNING COMMISSION a) Public Hearing Re: Changes to the Spring Park Zoning Ordinance Modifying Section 3, Subd. C.5.a regarding Plumbing Plan Requirements 1. Open Public Hearing 2. Discussion & Comments a) Notice of Public Hearing • b) Past Ordinance Sec. 3, Subd C.5.a. c) Resolution 08- Amending the Ordiance 3. Close Public Hearing 4. Recommendation to Council 7. COMMUNICATIONS a) July Calendar b) Council Meeting — Minutes, May 12, 2008, Reconvene of the Annual Board of Review c) Council Meeting — Minutes, June 2, 2008 d) Council Meeting — Unapproved Minutes, June 16, 2008 8. MISCELLANEOUS Update to BP Gas Station's application for C.U.P. at 4311 Shoreline Drive for Propane Tank Dispenser 9. ADJOURNMENT • Plan. Comm. Agenda — July 9, 2008 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION July 9th, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER —Acting Chair Mason calls the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL —Tyler, Sippel, Klein, Mason. Maloney, Neve and Dove absent. Audience Attendees: Joanna Widmer, council liaison 3. ADOPT AGENDA— Klein makes a motion and Sippel seconds to adopt the agenda. All votes ayes, motion passes. 4. Notice of Cancellation of June, 2008 Planning Commission Meeting 5. APPROVAL OF MINUTES — May 14, 2008 Sippel makes a motion and Klein seconds to approve the May 14th, 2008 minutes. All votes ayes, motion passes. 6. PLANNING COMMISSION a) Public Hearing Re: Changes to the Spring Park Zoning Ordinance Modifying Section 3, Subd. C.5.a regarding Plumbing Plan Requirements 1. Open Public Hearing Mason opens the public hearing at 7:48 p.m. a) Notice of Public Hearing Mason reads the published notice. • b) Past Ordinance Sec. 3, Subd C.5.a. c) Resolution 08- Amending the Ordinance 2. Discussion & Comments Friesen said this is on the agenda just as a formality when switching building officials. She said the City Attorney wanted to see the plumbing resolution stated clearer and in the zoning code. Klein wants to know what's changed and Friesen said nothing other than the plumbing part go in the zoning ordinance. Friesen said a resolution is a motion that has more weight. She said normally planning commission doesn't see resolutions but Beck wrote it up for the Council this way. Sippel requested the public hearing be opened. Sippel had a question about the multi-family building verbage. He wonders what the definition is. Friesen said it's whatever's required by the building code. Sippel is particularly interested in duplex. Widmer said she thinks they're looking at single family and duplex is one house. His question is clarifying duplexes and multi-family units. He would like the definition/clarification of single family units versus multi family. 3. Close Public Hearing at 7:56 p.m. by Mason 4. Recommendation to Council Sippel moves and Klein seconds to recommend approval of Resolution 08- with the following additions or modifications: the second whereas included in parentheses a definition of multi-family as three or more dwellings and, in the C.5.a. section modifying where it says serving single family say single family or duplex clarification, otherwise the remainder as written. All votes in favor, motion passes. 7. COMMUNICATIONS • a) July Calendar b) Council Meeting — Minutes, May 12, 2008, Reconvene of the Annual Board of Review Planning Commission Minutes July 9, 2008 1 Klein, asked the question on how does the assessor come up with the second price and what warrants a reduction on the tax evaluation. Friesen explained the process of the county assessor making a more detailed visit to the property along with the property owner who points out devaluing property items. Joanna said it is sometimes prompted by remodeling or the assessor picking a certain block of houses to *ssess. Klein said it looked as though every person that asked to have a redo, were reduced somewhat in heir valuation. Widmer said the Minneapolis assessor lowered some values but the state made them re- instate to original valuations. Friesen said the actual assessments need to come in between 90% and 105% range. Mason asked if the city thought we would have more Spring Park residents coming in next year for property reductions. Widmer said this year was the most people she's ever seen at the Board of Review. Klein said it's difficult for buyers as well as sellers. Friesen said when the county looks at sales they won't look at "Arms length" transactions because the assessor won't consider foreclosures or bank returns as sales. Mason asked if the Mist will be coming down in value. Klein asked when the taxable value equals the market value and Friesen said that's where the 90% to 105% range comes in. Friesen explained how tax valuations can be contested. c) Council Meeting — Minutes, June 2, 2008 Mason asked if their were any comments. No comments were made. d) Council Meeting — Unapproved Minutes, June 16, 2008 8. MISCELLANEOUS Update to BP Gas Station's application for C.U.P. at 4311 Shoreline Drive for Propane Tank Dispenser. Mason asked if there are any updates. Friesen said the city has yet to receive a building permit for the propane tank. Friesen said the council added a few things to the CUP and it was a lot about screening on the front and side. Sippel asked if it was presented as a scaled drawing and Friesen said that will be one of the items with the building permit application. Friesen said the size of the tank went from 1,000 gallon tank to a 500 gallon tank because of the setbacks required. Friesen said the other condition was a survey presented with two different options and the applicant was told he needed to decide the best spot and present it. Klein asked about other property owners responding and Friesen said one person had telephoned and Mason mentioned one party from Black Lake Road came to the public hearing. Mason sked about the possibility of underground tanks and Friesen said it was mentioned but the cost is prohibitive. She said the applicant also liked the idea of visibility in order to advertise his product. Sippel asked who MNSPECT is and Friesen said this is our new building inspector. Friesen said we've been using MNSPECT already when it comes to fire inspections because they are part of Mound Fire Department. She said they will be doing building, plumbing and electrical inspections too. Sippel said he thought electrical was with the state and Friesen said private firms can provide that service if they have a certified electrician and MNSPECT does. Klein asked if MNSPECT looks at plans and Friesen said yes. Klein asked if Orono used to. Sippel said it depends on if there is a plan, such as a re-roof wouldn't have a plan but a construction plan would. Klein said she had issues in the past with a re-roof on her personal residence and felt it wasn't reviewed. Friesen said that's the hope with the new inspection firm. Mason asked if the County is under the same noise ordinance regulations for the city because they've been starting road construction at 6:30 a.m. Widmer said it didn't bother her and they started down on their end. Klein asked about the trail workers. Mason expressed that Spring Park is not getting 24 hour police service. Friesen explained they are not physically required to be available 24 hours a day. She said they are out of the city for roll call purposes and they are used for back up on surrounding city's calls. Mason asked why are there so many special council meetings during the day. He thinks they could be scheduled on a spare Monday night instead. Friesen said staff would not like that. Friesen asked if they are getting e-mailed special agendas to planning commission members. Klein said she's asked, several tublic mes, and still doesn't get them. Friesen said Admin meetings and Police Commission tend to meet in a place. Friesen also explained that agendas are posted on the City's website. Klein asked if the special meetings follow an agenda exact or do they discuss other things. Friesen said they are supposed to Planning Commission Minutes July 9, 2008 2 follow the agenda. She said they can get diverted to other things but they definitely should not take any action on items not on the agenda. Mason asked who gets attendees back on track and Friesen said she should but it's really more self-policing. Widmer said she doesn't feel things get off task too often. dwason asked about the planters that Norlings planted. He said he's disappointed that the planters are not „olorful or aromatic enough. Mason asked if the city can request from Norlings what they would like to see in the planters. Widmer said she thinks they should be told what the city would like. Klein feels the plantings should be offered up as plants at the end of the year because the city has been charged for them. Klein said they haven't changed landscapers in the eight years she's been a planning commissioner. She would like to see a quote from other vendors next year. Widmer said they now have an actual drawing or plan that can be quoted from now where in the past it was difficult to get comparable quotes. Mason asked if Norling is operating a business and he wonders if they are required to have a sign. Friesen said he is not a retail business so perhaps he doesn't want a sign so people don't drive up thinking they can buy stuff. Friesen read an email Norina Dove submitted in her absence expressing resident concern about Lord Fletcher's restaurant overflow parking and vandalism of mailboxes. Widmer said she had someone ask permission to park in her driveway and she granted it. Later her guest had a note on the windshield telling them not to park there. Widmer said permission had been granted. Widmer said she doesn't feel there is a problem with parking from Fletcher's. Friesen said she'd pass this on to the police department. Friesen said there was a Comprehensive Plan on June 26th and it was the wrap up meeting. She said in August there will be a public hearing if everything goes as planned. Klein asked when the notice comes out and Friesen said ten days. Friesen said the Planning Commission will hold the public hearing, Council will review it and then it goes to the surrounding communities for their input. Sippel would like to see a draft document on the comp plan be published on the city web site as to where 0he public can review the complete copy. He said no one is going to show up at the public hearing to read a 00 page document. Klein would like to have the city be more communicative to the public. Friesen said she'll see if Brixius can get the draft comp plan ready for publishing to the web site. 9. ADJOURNMENT Klein makes a motion and Sippel seconds to adjourn the meeting at 7:55PM. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Planning Commission Minutes July 9, 2008 3 MEMO XFRPHG PARK Oh Lake 1✓UhaetoHkA DATE: June 6, 2008 TO: Planning Commissioners FROM: City Staff RE: June 11 th, 2008 Planning Commission Meeting Canceled Commissioners, Due to lack of agenda items, city staff and Commissioner Maloney have consulted and agreed to • cancel June's Planning Commission meeting. The next regularly scheduled meeting of the Planning Commission will be on Wednesday, July 9th at 7 pm. /wl • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA • PLANNING COMMISSION AUGUST 13, 2008 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — July 9, 2008 5. PLANNING COMMISSION a) Public Hearing Re: Notice of Public Hearing 1 . Open Public Hearing 2. Discussion & Comments a) News Release b) Legal Publication c) Letter with addresses sent to property owners affected by proposed zoning changes 3. Close Public Hearing 4. Recommendation to Council • b) Sign Permit Application, 4601 Shoreline Drive, Parkshore Apartments 1) Staff Memo 2) City Ordinance pertaining to zoning ordinance 3) Several examples of proposed sign 4) Second Sign on Property Directing to Park Island Apartments 6. COMMUNICATIONS a) Police Commission Meeting — July 15, 2008 b) Council Meeting Minutes — July 21, 2008 c) Council Meeting Minutes — August 4, 2008 (Unedited) 7. MISCELLANEOUS 8. ADJOURNMENT • Plan. Comm. Agenda — 8-13-08 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION PUBLIC HEARING — COMP PLAN August 13, 2008 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL Chair Maloney, Commissioners Klein, Mason, Sippel, Neve, Dove and Tyler is excused. 3. ADOPT AGENDA Mason makes a motion to adopt and Klein seconds. All votes ayes, motion passes. 4. APPROVAL OF MINUTES — JUly gth, 2008. Sippel makes a motion and Klein seconds to approve the minutes. All votes ayes, motion passes. 5. Alan Brixius introduces himself as the city planner and stated we are here tonight to update the comprehensive plan for 2030. Brixius said there was a process involving an inventory and recommendations. He said this is a mandate and it needs to be done every ten years and it must be consistent with the Metropolitan Council guidelines. Brixius said Spring Park is a developed community and the planning process included the inventory of existing and future growth, vision and tactics and defining opportunities. Brixius said the • policy plan outlines the goals and builds upon action statements and a development framework is the recommendation. Brixius said there were foundations established in order to build the 2030 plan. The inventory included population forecasts to approximately 2100 to a total household count of about 1130. Brixius said the households are shrinking due to aging Baby boomers. Brixius explained the zoning map is for land use changes. Housing stock is predominantly multi-family consisting of a lot of townhomes, apartments and condominiums. The community characteristic is varied lot sizes and predominantly they are long and narrow. Brixius explained the participatory group that worked on this wanted to see preservation of single family homes, the trail, streetscape, more green space, maintain setbacks, clean up properties and to build upon the existing commercial yet preserve the quaint lakeshore feel. Lake quality was a predominant concern and County Road 15 development. The concerns were to promote reinvestment and to stay clear of incompatible land uses. Residential goals were a variety of housing choices and to enhance open space. He said the commercial goal was to maintain and improve the space as vital retail spaces and promote business interaction. The predominant commercial site is the Balboa site 4144 Shoreline Drive. He said it's improved through the years and presently there are no immediate plans for redevelopment. The goal is to maintain a sustainable community. Beyond 2030 the question is will that site still sustain commercial/industrial land use. Transportation was discussed and community parking is to be considered. The desire is to promote a pedestrian and bicycle friendly community. The city council is conservative and the goals are to continue to be fiscally responsible. • Plan. Comm. Minutes — 08-13-08 Page 1 Brixius said a portion of Sunset Drive is multi density and the plan is to change to the R-1 zone. R1 is single family and twinhomes, R-3 is townhomes. Brixius explained the proposed changes to zoning areas. • Brixius said transportation and utility infrastructure are other components. County Road 15 is a minor arterial and CR 51 and 125 are arterial and the rest are city streets. He said there is not a plan to change streets. However, there is a plan to improve existing roads. He said there is increased traffic on CR 15 and 51 and it will be generated because of passing through traffic. Commuter rail and bus routes will continue to be looked at and it will be important to look to providing parking space. The trail can be built upon in terms of acting as a spine and connections can spur off from it. He said infrastructure is intact but storm sewer is limited because of no major collection basins. Maloney opens the public comment portion of the hearing: Steve Bedell, property owner of 4323 Shoreline Drive located two doors west of the BP station. He asked what was meant about members of the community and whether some property owners on the north side were of the community. Bedell wonders about the attempt to treat Shoreline Drive as Black Lake Road and said there is a difference in the traffic numbers. Brixius said it makes sense to look at this as an alternative land use. Bedell said the reason most of them bought those properties were because of the zoning as commercial. Bedell said in 2030 the existing properties will be deteriorated and no one will want to build a dream home on that spot. Brixius said Black Lake Road will remain residential but he said access management is controlled by the County for CR 15. Brixius said individually the lots are small and they would be looking to assemble the properties for a single use. Brixius said all comments are welcome. He said they will be given to council and there will be six months of review time before it's adopted. Bedell said eventually The • Mist will be occupied as will Lakeview Lofts and possibly Harbor Island. He wondered if it was considered that services would be provided to those residents. Brixius said what they're looking at is the commercial viability of what's existing. Brixius said redevelopment is important and when looking at this particular situation, the individual sites probably can't support commercial uses because of parking requirements and access to the CR 15. He said if zoning is left in place, the access would be coming from Black Lake Road. Mary Ann Thurk (2484 Interlachen Road) said she is currently an R-3. Brixius said they are looking at that area for an R-1 and it has to do with the size of the lot. Bill Ellis (4329 Shoreline Drive) said there has been talk in the past about taking the entire area occupied by BP and west of there and turn that into a strip mall with access from Interlachen. Brixius said the Comp Plan is a blueprint for a community and it takes on different authority within the seven county metro area. He said in this area it is the superior document over zoning. Brixius said there will be approximately a year to bring the zoning ordinances into compliance with the comp plan. Ellis said there is an old platted road from Interlachen to Black Lake Road. Williamson said it's still there and it was a part of a new residence on Black Lake Road and they were required to sign a hold harmless agreement to the city. Williamson thinks the street rights were abandoned in that area but the utility easements were retained. Williamson asked about Rose Hill Lane and if it were continued could it provide parking and access to the properties in question. He wondered if there is are any thoughts about changing zoning on Rose Hill Lane. James Rhines (4317 Shoreline Drive) wondered where this goes from this discussion. Brixius explained the council looks at the recommendations, they amend the plan to embrace the suggestions; they don't adopt it but • they can approve to put it out to surrounding communities for their review. Rhines said the owners along Shoreline Drive all have the same thoughts and that is they don't want to see Plan. Comm. Minutes — 08-13-08 Page 2 their property rezoned. Brixius explained it's because of the county access. Maloney wondered what the advantages are for the city to change the zoning. She said if it's unlikely commercial use would ever be approved, what's the advantage then of changing it. Brixius said they are trying to avoid these issues in the future. Sippel asked about guidelines • regarding access to a County Road if it's commercial or other zoning and if they are different. Pat O'flannagan (4358 Shoreline Drive) said he's across the street from the proposed zoning changes and he's wondering why the affected property owners weren't invited to participate on this committee. Brixius said this is the opportunity to express the feedback. O'Flannagan said he feels they weren't notified prior to this. Klein explained it was publicized in the paper and it's been on the city's website. Ellis said he feels these are the final plans and Brixius said no, this is the time for feedback on these proposals. James Rhines said in the future the best way everyone feels inclusive would be through the mail. Klein said there was notification in the newsletter. Brixius explained this is the process. There was a representative on the committee from businesses, property owners, council members, planning commissioners. Brixius said everyone may not agree but he's explained the basis of the comp plan. Maloney said just because there is a print doesn't mean it can't be changed. Jim Bedell, 4325 Shoreline Drive. He said his son's intentions was to develop this property commercially. Bedell said Rhines bought his property specifically for possible redevelopment for a business that wouldn't generate a lot of traffic. Bedell said there is a lot of business now that is conducted over the internet so traffic density has changed. Bedell said, as it is, those houses could be there forever. Brixius said the county won't be involved if there isn't a change in land use but if there is, the county will be involved. Bedell said he understands if there is an ordinance change to a lesser use, that's considered a taking of the component of that property and a property owner would be compensated for that taking. Brixius doesn't think it's compensatable. Bedell suggested these properties be left alone. • Brixius said it's obvious there is some contention and he would suggest these wishes and desires be expressed at the council level. Brixius said the city is trying to avoid a problem site and it should be demonstrated to the council and Planning Commission level that these properties won't negatively impact. He said for example an office building versus a fast food site would have different traffic numbers. Klein asked about a change of land use and if it's commercial and if they wanted to build a commercial enterprise now, she wondered what would happen. Brixius said there are conditions regarding land use per the zoning ordinance such as parking accommodation. Steve Bedell thinks it should be left alone because there are enough rules as it is to stop many things from going in there. O'flannagan said he would not have purchased the property if it wasn't zoned commercial. He has a lot of plans to expand his business and he wants the visibility. He owns more property and plans on buying more property in between to join all his properties together and his plan is to expand his business. He does not see this as desirable property to build single family residential homes. Jim Bedell wondered about the daily, current traffic count on CR 15. Williamson said it's around 21000. Rhines asked about light rail and said he thinks they don't go hand-in-hand with a quaint community. Brixius said if there are opportunities to provide commuter traffic versus increased traffic on CR 15 it's going to be considered. Klein said there are many that welcome the idea of light rail coming to the community. Neve said he owns the first two houses on Black Lake Road and he said he doesn't • honestly see any residential development going where the commercial zoning is located now. He can see a small scale commercial business but not residential. Mason asked from Plan. Comm. Minutes — 08-13-08 Page 3 the commercial sense and redevelopment the BP gas station and if it would then provide the access. Brixius said on a small lot, gas station redevelopment and access control is a big issue. He said C-1 is a broad use of a commercial district that can be allowed so, if a commercial land use is left, maybe it should be rezoned to a neighborhood commercial. He • said realistically when looking at redevelopment and a standpoint of circulation they would probably need to have two accesses. Maloney asked if there were any comments or questions about Sunset Drive to change from R-2 to R-1. No one comes forward. Maloney wondered if the change will create any non-conforming properties and Brixius said no. Sippel asked how they are zoned now from a commercial standpoint and Brixius said they are zoned C-1. Klein asked O'flannagan if he is the property owner that has the crap on the hill. O'flannagan said he sells lots of things and he doesn't think he sells crap. He's overgrown his site and needs to expand. Mason said the mentioned the quality of lake water on West Arm Bay and he doesn't know how it's rated but he wonders what can be done to improve the quality of water on West Arm. Brixius said it's predominantly runoff because the city is developed boundary to boundary. Brixius said most of this will come back as opportunities when redevelopment occurs. Mason suggested stricter management of the 25 foot buffer strip along the lake might be enforced. Brixius said Spring Park's uniqueness is evaluating property values by land and building and in most communities you buy a lot and generally the house investment is three to four times the lot. He said in Spring Park it's the opposite. The land is the greater value because of the lake. Brixius suggested a letter from these contesting property owners be written and made part of the record. Friesen said the second meeting in September for this to go to the council. • Sippel has a question for property owners and asked if the zoning in terms of what type of commercial make a difference. O'flannagan and Rhines want it to stay C-1. Williamson said to the west of Presbyterian Homes there has been an acquisition of the apartments, the long term vision may involve redevelopment of the buildings and perhaps building a new care facility. He asked if that's being addressed. Brixius said no. Brixius said part of the complex includes a senior day care and it was discovered the zoning ordinance does not identify senior day care. Brixius said they are a major employer, a service provider and one of the committee members was a representative of Presbyterian Homes. The current acquisition of the apartments are for affordable housing for their employees and that will always remain an issue for them in terms of employees. Brixius said it will be examined when they come forward with new visions and plans, if they do. Williamson, 3901 Mapleton Avenue, asked about the shopping center and wondered if there is any flexibility being considered with the medical center possibly expanding. Brixius said some of the discussions the committee had was that this area and the current use of the medical facility is a big boon to the community. There was talk about building upon this specialized service provider. A mixed use arrangement was not looked at but identified as potential mixed use of residential/commercial in the future. Williamson asked about a subset regarding affordable housing. Brixus said realistically the market will dictate housing values and prices. There will be continued use of a county voucher for rental subsidy but affordable housing has not been specifically addressed. Williamson wondered about strategy regarding zoning. Brixius said the city is going to rely on market basis. He said right now the city meets Met Council guidelines and there has not • been a proactive approach for affordable housing. Brixius said the threshold has been achieved based upon the demographic numbers provided. Plan. Comm. Minutes — 08-13-08 Page 4 Chair Maloney closes the public hearing at 8:39 p.m. Commissioner Klein is inclined to not recommend the current zoning change. Sippel said generally speaking he sides with the property owners and, if it's their preference, he thinks the city will be easier to work with than the county. Maloney said when it comes time for development she is concerned someone can build a large building and there is no city power. Dove said she doesn't think it's fair to penalize the owners of the property to change the zoning. Mason said the past needs to be examined and there are things that have been pushed through. Maloney said there must be a reason behind decisions the city makes. Klein makes a motion and Dove seconds to not change the zoning on Shoreline Drive, any part of Shoreline Drive keep zoning at C-1. All votes in favor except Neve votes no, motion passes. Sippel refers to the development framework of the comprehensive plan. Sippel said as currently written there isn't special consideration for corner lots for setbacks and he said a 30 foot setback on three sides is a hardship. He wants to see corner lots reviewed in terms of setbacks. Sippel makes a motion for page 172 1. b. of the draft comp plan to add language to include corner lot setbacks. Klein asked what he's asking to be re- examined. Sippel said this should apply to all zoning districts because there aren't provisions for corner lots. Maloney seconds the motion. All votes ayes, motion carries. Sippel said in terms of impervious surface, as a clarification, impervious surface calculations are to prevent runoff into the lake and Brixius explained it's storm water runoff. Sippel said it seems to him that pools and ponds, although the water doesn't absorb, it also doesn't run off. Brixius said a water surface will overflow. Brixius said pools are considered to be impervious surfaces because they will run off. Sippel asked if the desire is for the pool to not absorb water or is the desire for it to run off. Brixius said there will have to be some • engineering involved to compensate for infiltration. Sippel thinks hardcover and setbacks make it difficult to encourage amenities in property development. He thinks it's a concern. Sippel said on page 172, 1. c., "Consider removing two family dwelling from R-1" and he wondered if that pertains to new development. Brixius said he thinks maybe an R-1a could be established. Brixius is concerned with broad zoning classifications. Brixius said as an example C-1 is very broad. Maloney asked if there was a map that was currently in place and she wondered if that would be scattered throughout. Sippel makes a motion and Maloney seconds to consider an application of a new zoning district allowing the existing two family homes to be grandfather in or be rezoned to the new district to preserve their development rights. All votes ayes, motion passes. Sippel said under page 172 of the draft comp plan, 1. f. regarding drainage concerns, he makes a motion that submission of a grading, drainage, and erosion control plan is required whenever a variance is necessary to increase impervious surface. Brixius said the thought was to improve lake quality and to not allow drainage. It was looked at as a general application. Sippel said to him it sounds like heavy engineering and a large cost. He doesn't have a problem with a variance. Maloney seconds the motion. To require a drainage erosion control plan to increase the impervious surface he wants to say over the percentage allowed within the district. All votes yes except Klein votes no, motion carries. Mason asked about setbacks and big buildings and asked about a three story building that • every story would be setback further from the property line as it continues up. Brixius said it won't be pyramidal. Klein makes a motion and Sippel seconds to recommend Plan. Comm. Minutes — 08-13-08 Page 5 approval to the council including all motions previously made. All votes ayes, motion passes. Sign Permit Application: Questions asked about the signage proposed for Parkshore Apartments. The question is where is the sign going to be placed as it's not illustrated on the paperwork. Friesen said there can be a motion made to approve the sign. Klein makes a motion and Mason seconds pending further clarification on size and location of this sign to hold over the vote for approval. All in favor, motion carries. 7. MISCELLANEOUS Sippel said according to the Police Commission minutes the decibel limits reading was 74 and it was due to road noise. Sippel said the reading should be taken at different times and different locations. Friesen said we're on a list for the PCA to take the readings. Sippel wants a reading done and a reading from Jackie Stone's house. Mason requests Mike Erickson be notified of the results. Commissioner Klein stated she no longer lives in Spring Park as she's relocated to Mound. This will be her last PC meeting. 8. ADJOURNMENT Sippel moves and Mason seconds to adjourn at 9:13 p.m. All votes ayes, motion carries. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer • Plan. Comm. Minutes — 08-13-08 Page 6 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION SEPTEMBER 10, 2008 7:00 P.M. — CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL Mason, Sippel, Maloney, Neve, Dove. Tyler is excused. 3. ADOPT AGENDA Mason makes a motion and Maloney seconds to adopt the agenda. All votes ayes, motion passes. 4. APPROVAL OF MINUTES—August 13, 2008 Lewin said they still haven't heard back from Brixius about filling in the blank spaces. Sippel wanted to know the status for it going to the next council meeting. Sippel said the gist of the missing parts to the minutes was recommending looking at separating out a R-1 district and making it a R1a. Sippel moves to approve the minutes conditional on filling in the Brixius blanks. Maloney seconds. All votes ayes, motion passes. 5. PLANNING COMMISSION a. 1) Sign Permit Application, 4601 Shoreline Drive, Parkshore Apartments 2) City Ordinance pertaining to zoning ordinance 3) Several examples of proposed sign 4) Second Sign on Property Directing to Park Island Apartments • Teya, from Parkshore Apartments said they took photographs and she stated the temporary sign is in the same area where the permanent sign is being requested. Sippel asked if the sign would be parallel with Shoreline Drive and Teya confirmed. Teya stated Park Island's sign runs along Island Drive and their sign would run with Shoreline Drive. Mason asked about a site line view and Teya said it's 31 feet from the road so there isn't anything being blocked in terms of site lines. Neve wondered if it's back lit and Teya responded hopefully. She said it's wood and it's going to be about 4x6' in size. Maloney asked about maintenance. Teya said there is a layer of material that is weather resistant and the posts are aluminum and they're burgundy in color. Maloney makes a motion and Neve seconds to approve the sign permit application. All votes ayes, motion passes. b) Sign Permit Application, Zhen Spa and Salon, 4100 Spring Street, Ste 101 1. Staff Memo 2. Current Signage in place at 4100 Spring Street 3. Proposed Signage/Spring Street 4. Proposed Signage/Sunset Drive 5. Sign Ordinance C-1 District 6. Sign Variance Process Sign Permit Application Zhen Reflections. Shelly Johnson. Johnson said they are looking at replacing the existing sign on the front of the building facing Spring Street and also looking at adding a second sign on the building that would face Sunset Drive. Johnson said they are also looking to do some vinyl cling windows like the Minnetonka Mist. Sippel said there isn't anything to approve in regards to the window signs. Friesen said Johnson has an ongoing business. Friesen said there was concern about a • management company plastering signs that said for sale, for rent, etc and it was stressed that it be tasteful. Planning Commission Minutes —September 10, 2008 1 Friesen said it's on the inside and it doesn't show advertising. Dove said she doesn't think they can regulate part of their decor. Dove said she's interested in the monument sign and she's concerned that it cost a lot of money. Johnson said the signs are not working and they need to change the signage. Dove thinks the monument sign is very tasteful and it was tastefully done. Johnson said they are looking at a small light box in front but she wondered about that. She thinks they could remove the monument and get • more signage exposure for visibility purposes. Johnson asked about the window film. She said there are inspirational words and wonders if that's an issue. Dove doesn't see that as being an issue. Sippel doesn't think they have a lot of say because it's in the window. Maloney said to Johnson they should think about what they would want to look at. Sippel said he thinks the business owner will be willing to do a tasteful window film. Johnson said she wants to get rid of the monument. Dove still thinks there was a lot of costs involved in the monument sign. Johnson said it was of granite and it was very expensive. Maloney thinks the ordinance should be followed. Dove wondered what will happen to the spot when the monument is taken out. Johnson said there will be an empty hole. Widmer suggests they put a flower pot on top. Johnson said it wouldn't work because it's not a smooth surface. Neve asked if the front sign would be lighted and Johnson responded yes. She said the Spa and Salon will be as well. Dove wondered if that will be down lighted due to the condos above. Johnson said yes. She said the company they're working with is very aware that there are condos above and they have assured her there won't be light dispersed upward to interfere with the rest and repose of the owners. Mason asked if this would be lit all night. Johnson said there probably could be a timer put on it. Sippel wondered if the light would be on when they were open only and Johnson said it would probably be lighted for longer hours. Mason said the street lights are on all the time. Dove said she has a concern about a lighted sign and where it's located. She said looking at the photos and this looks to be close to someone's balcony. Mason said he's concerned about the bugs that will gravitate to the light. Dove wondered about a maintenance plan in case this becomes a problem. Mason wondered about the far corner and Johnson said it would go on Spring Street. Dove said the Chamber of Commerce sells flags or banners and they could maybe put a flag type banner in that area. Johnson said she has two already, one in Mound and one in Navarre. Dove said she likes the monument and she hates to see it moved out of there. She said if it's removed, there will be a large hole. Maloney asked about the front, Spring Street, sign and Johnson said it will be subtly lighted. Mason asked about where she draws her customers from. Johnson said Wayzata, Excelsior, the surrounding lake communities. Mason wondered if she advertises. Johnson said Lakeshore Weekly News, the Minnetonka magazine. Wider said she doesn't see an ad in the Laker newspaper. Widmer said the Laker covers the Mound, Spring Park area and it might be worth a try to advertise in that paper. Dove said one side of the Lakeview Lofts faces the trail and she wonders about advertising placed on that side of the building for trail visibility. Johnson said they are thinking about the window film and they think it will draw the trail users. Johnson said the window film will hopefully show they are a business and not part of the condo units. Neve wondered if the landlord of the building has rules on signage. Johnson said there are no issues with the landlord. Mason asked about the association and Johnson asked who overrides the other. Maloney said the city can decide it's okay but the association could rule against it. Maloney thinks the biggest concern is the lighting. Sippel said if it's backlit he doesn't have a concern about it. Neve said even backlighting creates a little bit of light but there has to be some signage that is not intrusive. Maloney said she dislikes white letters that are lighted and are almost fluorescent or glowing. Dove asked if applicant has talked to the tenant above. Dove wondered about the time frame for the lighting. Johnson said it would turn on around 3-4 p.m. in the afternoon and shut off probably around 11-12 p.m. Dove said she is concerned about the residents that live above. Mason said there was discussion about lighting criteria when The Lofts and The Mist were built. Neve wondered if they should wait for the association and Maloney said the city can approve it and then the association weighs in on it. Maloney does not have a problem with the monument. It can be considered as • a piece of art work and not a sign. Maloney makes a motion and Sippel seconds to approve the three Planning Commission Minutes — September 10, 2008 2 proposed signs, one above the door, one next to the door and the other on Sunset Drive and clarify the monument sign as a piece of art. Roll call, Neve, no; Dove, no; Mason, yes; Sippel, yes; Maloney, yes. Johnson said she would prefer to leave it as a monument sign. Friesen clarified that the small sign proposed to the left of the main door was not approved. Motion carries. Mason said he wants • to see the business thrive within the perimeters of ordinance. 6. COMMUNICATIONS a) September 2008 Calendar b) Council Meeting —August 18, 2008 c) Police Commission Minutes August 18, 2008 d) Unedited Council Meeting Minutes, September 2, 2008 Mason asked what Rockvam is speaking about at Presbyterian Homes and Friesen answered she wasn't sure. 7. MISCELLANEOUS Three Rivers Trail Update Sippel asked if everything related to the update on the trail is just an FYI. Widmer said if the trail was to be kept open they needed to submit a permit. Widmer said if the permit is submitted the city is responsible for maintenance, policing, plowing, liability of the trail so the city would assume the entire responsibility of the trail. Dove asked if there has been a poll taken of the residents. Widmer said they decided to wait and see for this year because the permit needs to be submitted by September 27'h. Sippel asked what other communities are doing and Friesen said it's individual; some want it and others don't. Widmer said if the city says they're going to maintain it, it will have to be constantly maintained. Mason said he thought Mound is considering it. Widmer thought St. Boni will probably do it to encourage snowmobilers. Dove said she saw something about all the false alarms and she is interested in this. She said she wondered about a charge for false alarms. Dove asked about the alarm companies and police and fire if they already have fines in place. Friesen said no. A response is required but it's governed by ordinance and the city currently doesn't have one. 8. ADJOURNMENT Dove makes a motion and Sippel seconds to adjourn at 7:50 p.m. All votes ayes, motion carries. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Planning Commission Minutes —September 10, 2008 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION OCTOBER 8, 2008 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — September 10, 2008 5. PLANNING COMMISSION a) Sign Permit Application, 08-17S b) Various illustrations of proposed signage c) Aerial illustration of pylon pole d) Verbiage regarding owner permission e) Letter to applicant dated 9-26-08 f) Sarah's notes on past practice g) Sign Ordinance pertaining to pylon signage 6. COMMUNICATIONS a) Corrected August 2008 Planning Commission Minutes (Previously approved with the condition on filling in the Brixius blanks.) (Admin Committee and Police Commission minutes not included in this packet due to not approved by the Council yet) b) Council Minutes (unapproved) 9-15-08 c) NAC memo dated 9-30-08 regarding Spring Park 2030 Comprehensive Plan i. Letter from Steve Bedell ii. Letter from Pat O'Flanagan d) Complaint Policy 7. MISCELLANEOUS a) Planning Commission Attendance, YTD September, 2008 b) Fall 2008 Clean Up Day flyer 8. ADJOURNMENT • Planning Commission Agenda — October 8, 2008 1 CITY OF SPRING PARK '1 SPRING PARK, MINNESOTA "I MINUTES PLANNING COMMISSION OCTOBER 8, 2008 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 Chair Maloney, Commissioners Mason, Sippel, Neve, and Tyler is excused and Dove is absent. Present in the audience is Jason Kleinprintz, owner of MGM Liquor, 4659 Shoreline Drive and the sign designer. 3. ADOPT AGENDA Chair Maloney asked to remove the complaint policy from the agenda as it was inserted by mistake. Maloney makes a motion and Mason seconds. All votes ayes, motion passes. 4. APPROVAL OF MINUTES — September 10, 2008 Sippel makes a motion and Neve seconds to approve the September 10, 2008 minutes. All votes ayes, motion passes. 5. PLANNING COMMISSION a) Sign Permit Application, 08-17S b) Various illustrations of proposed signage c) Aerial illustration of pylon pole d) Verbiage regarding owner permission e) Letter to applicant dated 9-26-08 • f) Sarah's notes on past practice g) Sign Ordinance pertaining to pylon signage Chair Maloney asked the applicants to talk about the proposal. Applicant said there is a large pole outside of the building that had a previous sign on it. Mason asked if it was the pinkish-colored pole and applicant responded soon to be painted black or red. Mason asked if there is power to it and applicant said there is but he's not sure if it's ready to go. Maloney said it looks like everything is in order. Friesen said past history and the present ordinance would allow it. Mason asked if the property owner approved. Applicant said the lease grants the right to use the pole but the owner would have to approve the actual artwork. Neve asked about the lighting and applicant said there is a timer in place. Maloney said white backgrounds get bright. The sign designer said it's only about 54 square feet so it's not huge. Mason asked about the colors. Applicant said the design is white background and large MGM letters which will be red and the wine & spirits will be black with purple and green grapes. Friesen asked if that is a common logo. Applicant said the MGM font is the same but some operate under MGM Liquor Warehouse but the new format is wine and spirits. Maloney makes a motion to approve the sign as requested in the application and Sippel seconds. All votes ayes, motion passes. 6. COMMUNICATIONS a) Corrected August 2008 Planning Commission Minutes (Previously approved with the condition on filling in the Brixius blanks.) (Admin Committee and Police Commission minutes not included in this packet due to not approved by the Council yet) b) Council Minutes (unapproved) 9-15-08 c) NAC memo dated 9-30-08 regarding Spring Park 2030 Comprehensive Plan • i. Letter from Steve Bedell ii. Letter from Pat O'Flanagan Planning Commission Agenda — October 8, 2008 1 Maloney asked if these letters were already seen by the council and Friesen responded yes, it was incorporated into the presentation by Al Brixius to the council regarding the comprehensive plan. �7. MISCELLANEOUS a) Planning Commission Attendance, YTD September, 2008 Maloney said she wishes attendance was up but she thinks it could actually get smaller. Friesen said Tyler has had a conflict because of a recent job change but he believes he will be able to get back to meetings soon. b) Fall 2008 Clean-Up Day flyer Mason said there was a separate item in the packet about nuisance complaints. (Previously removed from the commission packet due to inclusion error.) Friesen explained it was supposed to go to the council first. Mason said it started out originally commercial and it worked its way to residential. He said it never got finished in the commercial. Friesen said somewhat, but nuisances are complaint generated so there needed to be order brought to it and the council is looking to the new inspections firm to perhaps do some of the inspection of nuisance property. Friesen said it's a step-by-step procedure. Mason said a while back the carwash had an issue and there were boat lifts parked all over the landscaping at the Dock & Lift. Friesen said it's complaint generated. Widmer said it's nice to see it requires a signature. Friesen said however, it's not public information as to who brought forward the complaint. Mason wondered if there was anything going with the Spruce it Up! program. Neve said they are thinking of maybe partnering with Wecan. He said they tried to get something going in Spring Park and the two applicants they had did not fit the criteria. Neve said the donors have been contacted and, with their permission, almost all the funds may be donated to Wecan. They offer Meals-on-Wheels and lots of programs to help the less fortunate. Neve said it's too bad because it would have been a rewarding experience but people are too proud and wouldn't apply. Widmer said with the economy the way it is, there might now be some people that would qualify when they didn't before. Neve said there was one applicant that needed a new garage door but her property was an expensive piece of property and, in the end, the son declined the assistance. •Mason asked where the Wecan office is and Maloney thought it might be near Our Lady of the Lake Church. Neve said they do a lot of things for the needy. Neve said they did contact all the donors first to get their permission to turn the funds over to Wecan. Neve thought it was around the $2500 range and Lord Fletcher's donated a lot of gift certificates. 8. ADJOURNMENT Maloney makes a motion and Sippel seconds to adjourn at 7:17 p.m. Wendy Lewin, Deputy Clerk Sarah Friesen, Administrator/Clerk/Treasurer Planning Commission Agenda— October 8, 2008 2 CITY OF SPRING PARK SPRING PARK, MINNESOTA • AGENDA PLANNING COMMISSION December 10, 2008 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL Oath of Office — Jeff Hoffman Recognition of Service 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — October 8, 2008 5, PLANNING COMMISSION a) Norling Ornamental Clock Proposal 1 . Memo from Wendy 2. Discussion & Comments a) Letter from Norling dated 11-26-08 b) Photograph of proposed site • c) Survey of site d) Dimensional drawing e) Photograph of ornamental clock f) Ordinance referring to pylon signs 6. COMMUNICATIONS a) January 2009 Calendar b) Council Minutes November 10, 2008 c) Special Meeting Minutes — November 12, 2008 d) Council Meeting Minutes — November 17, 2008 e) Police Committee Minutes — November 18, 2008 f) Unedited Council Minutes — December 1, 2008 7. MISCELLANEOUS a) Letter to prospective planning commission members i. Jason Maki's request for consideration b) Article: Membership and Functions of a Planning Commission c) Chair Maloney's notice of resignation 8. ADJOURNMENT • Plan. Comm. Agenda — December 10, 2008 1