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HomeMy WebLinkAbout2017-05-10 CPC MIN PLANNING COMMISSION MEETING MINUTES May 10, 2017 REGULAR MEETING 7:00 P.M. Vice Chairman Hansen called the meeting to order at 7:00 p.m. Present: Vice Chairman Hansen, Commissioners Collins, Fletcher, Hade, Lauer and Siess, Chairman Kocon (arrived at 9:50 p.m.) Councilmember Menikheim Absent: Commissioner Kelly Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of April 12, 2017 meeting minutes Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve the April 12, 2017 meeting minutes. Motion passed 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-08: Special Use Permit, Subdivision and Planned Unit Development to build “The Lakes” at Stillwater, a senior living facility. Randy Benson, ILHC of Stillwater, LLC, property owner/applicant. Community Development Director Turnblad reviewed the request. Landform Professional Services has submitted an application to develop a 57.8 acre site located at 12525 75th Street North. Landform Professional Services represents both Intergenerational Living and Health Care of Stillwater LLC (ILHC), and The Goodman Group, LLC. ILHC will be the owner and operator of the campus and the Goodman Group will develop and manage it. The project is to be known as “The Lakes at Stillwater.” The southern portion of the site lies within the Recreational Development Shoreland District of Long Lake. The project is planned to be developed in four phases: • Phase 1 - The Lodge, a 139-unit senior living building (59 Independent Living, 32 Assisted Living, 16 Full Care, 32 Memory Care); construction of Minar Avenue South (improved public street); Outlot A (stormwater ponding), Outlot B (open space), Outlot C (Long Lake) and a public trail; • Phase 2 - The Cottages, 30 units of one story, slab on grade low profile senior duplexes/townhomes; • Phase 3 - Sandhill Shores, a 70-unit senior assisted living building; and • Future Phase - Grace Baptist Church expansion (300 total seats); and Meisterling lot future subdivision (6 senior duplex units, 1 existing single family residence). Planning Commission May 10, 2017 Page 2 of 13 Mr. Turnblad compared the present plan with the previously approved concept plan (2016). The massing along the bluffline has been reduced. Along the perimeter of the property there are now one story buildings; a previously proposed commercial building has been eliminated. The other major change to the concept plan was the addition of the Meisterling property. The northern portion of the Meisterling property will be developed with the rest of the campus. The remainder will remain the Meisterling residence until such time they choose to sell it and develop according to the conditions of the PUD. He presented design plans showing the architecture of the buildings. Massing will be kept to 35 feet. There will be three types of independent living units. No variances are being requested. Because it is within a Shoreland District, the site must have 50% open space; under the present plan, 52% will be in outlots. 25% of the developable area is allowed to be hard surface; 23.7% will be impervious, so this standard is met. There will be underground parking garages on both of the large buildings. The church will add an addition at some future time with shared parking use in front of Sand Hill via a cross-access easement allowing the church to use their lot. The tree protection and landscaping plan is adequate and has been reviewed by the City Forester. The trail plan shows soft trails throughout the site, yet to be reviewed with Brown’s Creek Watershed District. A drive that will not be a general public access but will be sufficient for emergency access will come off of Highway 12 and eventually connect to 72nd Street. The City plans to install a trail connection from 72nd eastward toward Croixwood, to be paid for through trail dedication funds to be generated from this project. Mr. Turnblad explained the phasing plan for the PUD. He stated that presently, the developer is requesting: 1) Revised Concept Planned Unit Development for a 245-unit senior living campus and a church expansion; 2) Final Planned Unit Development for Phase 1, Phase 2, and Phase 3; 3) Preliminary Plat for The Lakes at Stillwater: 16 lots and 3 outlots; 4) Final Plat for The Lakes at Stillwater: 7 lots and 5 outlots; 5) Vacation of a Drainage and Utility Easement; and 6) Special Use Permit for a Senior Living Facility in the LR, Lakeshore Residential Zoning District. Staff finds that the revised concept PUD, preliminary plat, final PUD, and final plat represent a good solution to the need for Senior Care Living Facilities, balancing the density envisioned by the Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Management Overlay District. Therefore, staff recommends approval with 25 conditions. Regarding the emergency access roadway, Mr. Turnblad explained that the cul de sac is over 600 feet (about 1200 feet). At about its halfway point there is an access point to provide another egress for emergency purposes. This alleviates concern about the length of the cul de sac. Commissioner Fletcher asked which outlots comprise the 52% open space preservation. Mr. Turnblad pointed out the outlots on the map. He added that the DNR allows natural water surfaces to be considered part of the open space, but not stormwater ponding. Commissioner Collins asked if the parking agreement will be sufficient for Sundays at Grace Baptist Church. Mr. Turnblad replied that it will. Most of the time, the church’s parking needs will be accommodated comfortably in the lot they own. Planning Commission May 10, 2017 Page 3 of 13 Commissioner Hade asked if the Meisterlings reached an agreement with the developers. Mr. Turnblad replied they have reached a purchase agreement making the Meisterling property part of the PUD. Commissioner Fletcher asked about the white tubes on the Lamprecht property. Commissioner Siess asked about the street naming issue. Mr. Turnblad responded that to be consistent, the name of the street connection between Boutwell and 75th Street would be Minar Avenue. However the developer is requesting that it be named Birchwood Run. Commissioner Fletcher asked about Watershed District approval, adding that she recently saw that Long Lake water quality is very low, so caution should be used. Mr. Turnblad stated that a permit has been applied for. There have been several discussions with Brown’s Creek Watershed District but they have a rule stating that until the City approves the plat for a project, they will not process the permit. The developers have met several times with Watershed District staff. The stormwater treatment system has been found acceptable by the City engineer but Brown’s Creek Watershed District will add another layer of review. Robin Johnson, director with the Goodman Group, gave an overview of the project and explained the philosophy of intergenerational living. She said there were three neighborhood meetings resulting in increased preservation of green space, softening of the transition between senior and residential communities, and addressing neighborhood concerns about height, traffic, environmental issues, and the connection to 72nd Street. Burt Elmer, director of architecture for the Goodman Group, stated that the white tubes are to keep the trees from being chewed off. The goal is to keep the green space open to the community. The transition between the residences at the Lodge and the Liberty neighborhood has been softened and the architecture has been changed to emphasize more natural light and softer transitions. He explained plans to control light pollution and maintain water quality. Kendra Lindahl, Landform, clarified that the six senior living units on the Meisterling property would need to be relocated per condition #10. Commissioner Collins asked if pulling the cottages to the east will save all or part of the oak grove. Ms. Lindahl replied that it will preserve the majority of the oak tree stand. Vice Chairman Hansen opened the public hearing. Philip Manger, 12525 72nd Street North, spoke in opposition to the proposal. He stated that the DNR trampled the intent of the former Jackson Wildlife Area which was willed by Archie Jackson to be maintained as a wildlife preserve. His wishes were dishonored when the land was sold at auction to Mr. Lamprecht. The Goodman Group and ILHC present themselves as the saviors of a project but nothing has really changed other than a modest reduction in height. The density is too high with too little of a buffer with Long Lake. He suggested moving the building into the northwest corner of the property. He feels this is the textbook definition of spot zoning which is illegal. He questioned the need to bastardize the underlying code and stress Brown’s Creek with a project of this magnitude. Bob Aiken, 7640 Minar Lane North, just to the north of Outlot A, stated that he appreciated Mr. Manger’s comments. In a perfect world the land would stay the way it is but if the property is to be developed, he would like it to be done with concern for the residents to the north who have not been Planning Commission May 10, 2017 Page 4 of 13 heard from as much as the residents to the south and the west. He feels this plan is much improved and fits the neighborhood much better than the old plan. He would like to see evergreens along 75th Street North for screening, and would prefer more yellow LED lighting to reduce the glare of blue or white lights. He asked if commercial traffic and deliveries could be required to be during off peak hours. He also asked if the County is going to address traffic control on 75th Street. Wendell Fletcher, a Liberty on the Lakes resident, asked about the amount of impervious surface and whether this project is within the 25% restriction. Mr. Turnblad stated yes, it complies. Mr. Fletcher stated that given the proximity to the lake nearby, he would like to hear more about plans for dealing with runoff and options such as permeable surfaces for roads to protect the water quality. Eldon Lamprecht, 2807 Hilo Avenue North, Oakdale, owner of Hardly Able Acres, said he put the tubes there because he lost over 1,000 cherry trees and 1,500 red oak trees to predators. The white tubes are milk containers. He bought the property at public auction in 2011. The donation of the land was not necessarily altruistic; there were two parcels donated to the state and there were tax deductions. There were no covenants or requirements to preserve that land as open space when it was deeded to the DNR. If there had been covenants, and there were not, they would have expired 10 years before he purchased the property at auction. Vice Chairman Hansen closed the public hearing. Community Development Director Turnblad stated he is not sure of the temperature of the LED lighting at this point. Regarding traffic, the development group has worked with the County and the County has submitted a letter indicating they are satisfied without an additional traffic study; the only requirement is that turn lane improvements be done at the intersection. Regarding impervious surface coverage, the DNR and Brown’s Creek Watershed District (BCWD), because of resources being protected in this area, allow no more than 25% impervious coverage; this proposal meets that standard at 23.7% coverage. The City will work with BCWD to ensure the water is treated before being released into the natural systems. The next level of scrutiny will be BCWD review. Vice Chairman Hansen asked the applicant about the scheduling of commercial deliveries. Mr. Elmer responded that traditionally, deliveries occur before 7 a.m.; the peak time would be 8 a.m. They will look at those kinds of delivery times. They also have a traffic management plan of their own. Staff changes will occur at off-peak times. Commissioner Fletcher reiterated concern about the quality of the lake. She would like to make sure innovative practices and surface materials are used. Mr. Elmer replied that many permeable surface products are good at first but don’t hold up to long term durability and maintenance. The developers will work with City staff on this issue. Community Development Director Turnblad stated that 90 out of 300+ total trees to be planted will be evergreens. Staff can talk with developers about having more evergreens along 75th Street. Commissioner Collins asked what is planned for lighting to eliminate glare that could impact neighbors. Planning Commission May 10, 2017 Page 5 of 13 Mr. Elmer replied that all fixtures will be shielded from casting light glare off site. The Kelvin rating will be selected to achieve a more incandescent look. Commissioner Siess recognized that the tone of dialogue has changed dramatically. She asked how much lower the density is, than previously proposed. Mr. Turnblad responded that the overall density may have dropped but the number of units is the same due to additional properties involved. Motion by Commissioner Lauer, seconded by Commissioner Collins, to recommend approval of Case 2017-08, Special Use Permit, Subdivision and Planned Unit Development for “The Lakes” at Stillwater, with 25 conditions recommended by staff, and modifying condition #8 to state, “since there is no concept PUD end date for the Meisterling and Grace Baptist Church properties, the properties will need to develop according to City standards and best management practices in place when they develop, though the footprint and location of the church addition can be developed as shown in this concept PUD and six senior living units can be built in addition to the existing Meisterling home, regardless of City standards when developed” and modifying condition #19 to add, “coniferous trees shall be used along 75th Street North.” All in favor, 6-0. Case No. 2017-09: Variance to exceed the maximum allowable signage for properties in the RA - One Family Zoning District for Lakeview Hospital, located at 927 Churchill Street West. Lakeview Hospital, property owner and Tracy Nevells, applicant. City Planner Wittman explained that the applicant is requesting a variance to allow for the installation of new parking lot identification signs. A three-sided sign will be wrapped around four separate light posts in each of the parking lots off of Churchill Street West and Everett Street South. Each sign panel is 2’X4’, for a total of 24 square feet per light post; as a frame of reference, both the Churchill and Everett Street entrance monument signs, excluding the monument base, are 50” tall, two inches taller than the proposed signs. Therefore, the total square footage proposed is an additional 192 square feet. However, in commercial districts the total square footage of an identical double-sided sign is equal to a single side of the sign. Therefore, the total square footage increase could be construed as 64 square feet. These signs are considered wayfinding signs. One comment from Anthony Beyer and Andrea McCready at 904 Churchill was received. They do not support the request. Staff finds practical difficulties do not exist, as other reasonable alternatives exist, including alteration to the entrance monument signs and the use of lightpole flags and banners, and that the essential character of the site will be altered. Therefore, staff recommends denial. Commissioner Fletcher asked why the applicant feels the need for these additional signs. City Planner Wittman replied they are to reduce confusion and prevent hospital users from exiting into the wrong parking lot. Ted Wegleitner, president of Lakeview Hospital, explained the hospital has been working over the past two years to make the campus more friendly for patients and their families. They have remodeled the lobby, moved the information desk to the entrance and created a concierge position to help patients find their way through the hospital. When exiting the hospital, people cannot find their cars. The majority of people coming to the hospital are elderly or very sick people. The hospital recognizes that height and size are an issue, and are not against making the signs a little smaller but there would be a tradeoff of people being able to find their cars. Banners are not a permanent solution because they get torn, sag, and look worse over time. Planning Commission May 10, 2017 Page 6 of 13 Tina Clark, ASI Signage Innovations, said her company deals with people who are visually impaired. They consider the copy height as required from a distance. Regarding the recommendation by staff to add to the existing entrance sign instead, she stated her company did not make those signs, but they work with HealthPartners which has a branding standard. Adding more verbiage to the signs would add clutter. Commissioner Siess asked the applicants if they considered using a symbol instead of the words. Mr. Wegleitner said they did not. Ms. Clark stated that most people know which street they came in from but might not remember a color or a shape. She is not sure how effective iconography would be. Commissioner Siess asked if they have considered coloring the light posts. Ms. Clark stated the signs will have the reinforcement of the street name so if people can’t remember the lot, they will see the name of the street. Commissioner Collins asked the applicants if they could get by with one rather than four proposed signs for each lot. Mr. Wegleitner said they could consider anything, but one sign feels inadequate. They really want to be good neighbors and have worked on reducing impacts on the neighborhood. Commissioner Hansen pointed out the staff suggestion that the bottom of the signs be no higher than 10’ and asked if the signs are lowered and reduced in size, are they worth having? Mr. Wegleitner said that is their concern. Erin Bloomquist, ASI, explained that the sandwich boards being used are only temporary and more permanent signage is needed. Vice Chairman Hansen opened the public hearing. Howard Lieberman, 914 South Greeley Street directly across from the hospital, said he has talked to some of his neighbors and there seems to be a lot of concern about additional signage at the hospital. He is not too terribly bothered by the signs being requested. If the signs could be lowered, reduced or be fewer in number where the total square footage stays close to what’s mandated by the ordinances, the hospital could accomplish their goals and the neighbors would not be too terribly upset. Jim Cassell, 635 Newman Trail, offered that not only exiting but entering the hospital and finding where to park is challenging. He agrees with the proposed signs and feels the hospital is addressing a practical hardship that their clients have. Vice Chairman Hansen closed the public hearing. Vice Chairman Hansen asked staff if the small reflective signs on the light poles factor into allowable signage. Ms. Wittman replied that the small directional “visitor parking” or “doctor parking only” signs are part of the master sign plan but are not counted as part of the total allowable square footage. Because the proposed signs are larger and nearly the height of the monument signs going into the facility, staff interpreted them as contributing to the total square footage variance the hospital already has. Councilmember Menikheim said he sees the issues of variances and black and white views of the world on one hand and on the other hand, a growing hospital that serves sick people. He questioned Planning Commission May 10, 2017 Page 7 of 13 what takes precedence, the black and white boundaries or the softer aspects of the issue when people are very stressed and need help. Commissioner Hade agreed, adding that the hospital is a real asset to the community. He suggested the Commission might table this for a month and let the hospital work out a compromise with staff. Vice Chairman Hansen recognized it is the Commission’s job to find a practical difficulty if it decides to grant the request. City Planner Wittman stated the largest challenge is finding what is unique that creates the difficulty. She is hearing that it’s challenging because it’s a commercial facility in a residential district and is not on a major highway. Commissioner Fletcher said she liked what Commissioner Collins suggested, allowing two signs in each of the parking lots, not four. If the number of signs is reduced then she would be OK with the size as proposed. Motion by Commissioner Collins, seconded by Commissioner Hade, to approve a Variance to exceed the maximum allowable signage for properties in the RA - One Family Zoning District for Lakeview Hospital, located at 927 Churchill Street West, for two signs per parking lot, on the basis that practical difficulties have been established due to the uniqueness of a commercial business in residential neighborhood and finding it will not alter the character of the residential neighborhood and is consistent with the comprehensive plan. Motion passed 5-1 with Commissioner Siess voting nay. Case No. 2017-10: 195 square foot Variance to the maximum structural coverage to construct a detached garage on the property located at 1014 Third Street South. Brian Hamernick, property owner. City Planner Wittman stated that Brian Hamernick is proposing the construction of a 624 square foot, 24’ X 26’ detached garage on his property located at 1014 Third Street South. The additional structural coverage proposed exceeds the 25% maximum structural coverage. If approved, the total structural coverage on this 5,400 square foot lot would be 29%. Therefore, the following variances are requested: 1) a 195 square foot, 4%variance to City Code Section 31-308(b)(1), the maximum 25% (building) lot coverage; and 2) a 2% variance to City Code Section 31-308(a)(3)i, the maximum lot coverage of all accessory buildings. On the basis the application is in harmony with the intent of the zoning ordinance, consistent with the comprehensive plan and the applicant has established practical difficulty, staff recommends conditional approval of a 4% variance to the 25% Maximum Lot Coverage – Buildings [City Code Section 31-308(b)(1)] and a 2% variance to City Code Section 31-308(a)(3)i, the maximum lot coverage of all accessory buildings. Vice Chairman Hansen opened the public hearing. There were no public comments. Vice Chairman Hansen closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Siess, to approve Case No. 2017-10, 195 square foot, 4%variance to the maximum 25% (building) lot coverage; and a 2% variance to the maximum lot coverage of all accessory buildings, to construct a detached garage on the property located at 1014 Third Street South, with the five staff-recommended conditions. Motion passed 6-0. Case No. 2017-11: Amendment to a Special Use Permit to extend amplified outdoor music time by one hour, until 11 p.m. on Thursdays, Fridays and Saturdays for the property located at 324 Main Street South. Dave Najarian, applicant. Planning Commission May 10, 2017 Page 8 of 13 City Planner Wittman reviewed the request. In May of 2016, the Lion’s Tavern, operating under a special use permit, was granted an amendment to allow for live, outdoor music to occur on certain evenings. A condition of approval of was that no amplified music shall be allowed past 10 p.m. Furthermore, changes to the location, amplification, timing and/or duration shall be reviewed by the City Council. The applicant now requests an amendment to the special use permit to allow live, amplified outdoor music on the west patio behind the structure until 11 p.m. on Thursdays as well as Fridays and Saturdays. At present, amplified outdoor music is allowed on Fridays and Saturdays until 11 p.m. but only until 10 p.m. Sunday through Thursday. Staff finds that the proposed amplified outdoor music increase, from 10 to 11 p.m., will create a public nuisance. Therefore, staff recommends denial of Case No. 2017-11. Applicant Dave Najarian, the Lion’s Tavern, said he is only asking for Thursday night for amplified music until 11 p.m. He commented that last year, he had only one complaint over the summer for a 15 minute period when the music went past 11 p.m. on a Friday night. Having the amplified music until 11 p.m. on Thursdays would extend his customers’ enjoyment of the music. Commissioner Siess asked the applicant if he uses acoustic music. Mr. Najarian replied he does, but the musicians don’t like that - they feel they play louder when they play acoustic so that people can hear them. When amplified, they play less loudly because they know people can hear them. Vice Chairman Hansen opened the public hearing. There were no public comments. Vice Chairman Hansen closed the public hearing. Commissioner Collins acknowledged he likes music and understands the desire to listen to music later into the night, but his concern is that it’s close to residential areas. On a Thursday night in May, for instance, as a schoolteacher he knows this would impact residents especially if they have school- aged children. Commissioner Fletcher agreed. She has a hard time supporting the request because of the children. Commissioner Siess recalled there were a lot of residents at the public hearing the last time. She asked about notification for this public hearing. City Planner Wittman stated everyone within 350 feet was notified - at least 40 properties. Vice Chairman Hansen commented that when notifying for issues like this, the City should notify all bluffline residents, even if they’re not within 350 feet. Ms. Wittman reminded the Commission that the notification indicates the Council will hear this on June 6, so perhaps some people intend to only attend the Council meeting. Mr. Najarian asked if an acceptable compromise would be to allow the amplified outdoor music Memorial Day to Labor Day, Thursday, Friday and Saturday until 11 p.m. Commissioner Collins said he liked that compromise because it would have less impact and eliminate the amplified music during most of May. Commissioner Fletcher said she is still uncomfortable with music three days per week. Commissioner Siess agreed, recalling the many people who came to comment last time that they have to shut their doors. The unfortunate thing is where the restaurant is located. Planning Commission May 10, 2017 Page 9 of 13 Mr. Najarian acknowledged that the last time there were a lot of people at the hearing. The reason they are not here now is that he complied and did not play music loud. Commissioner Hade said there doesn’t appear to be a lot of residential property anywhere near this facility. City Planner Wittman stated that Olive, Second and Third Streets are where the residential properties are. A lot of comments previously were heard from residents of condo complexes and at the top of Chilikoot Hill and right off Broadway. Vice Chairman Hansen said he is not comfortable with Thursday night music being amplified. Motion by Commissioner Fletcher, seconded by Commissioner Siess, to recommend denial of Case No. 2017-11, amendment to a Special Use Permit to extend amplified outdoor music time by one hour, until 11 p.m. on Thursdays (in addition to Fridays and Saturdays already allowed) for the property located at 324 Main Street South. Motion passed 4-2 with Commissioners Collins and Lauer voting nay. Case No. 2017-13: Variance to the side yard setback for deck expansion for the property located at 635 Newman Trail. Jim and Christi Cassell, property owners. City Planner Wittman reviewed the request. Jim & Christi Cassell are requesting a 3’ variance to the required 10’ side yard setback for the expansion of an existing porch, to be located 7’ from the south property line. There are currently stairs leading to the deck which project 3’ into the required setback area. Stairs are allowed to project up to 3’ into setback areas, per City Code Section 31-514 Subd. 3(a). The City received letters of support from Liberty Homeowners Association, John and Tracy Abbott at 715 Liberty Court, Steve and Ann Quam at 640 Newman Trail, and Natalie Dieterle at 645 Newman Trail. Though the variance would be consistent with the comprehensive plan, and would not alter the character of the neighborhood, on the basis that practical difficulty was not established by the applicant, staff recommends denial of the variance request. Commissioner Siess asked if staff discussed a compromise with the applicant. City Planner Wittman replied that staff discussed going closer to the lake to stay outside the sideyard setback. A challenge is that they have retaining walls that wrap around right under the existing deck so going closer to the retaining wall could compromise the soil and structural stability. She understands that the property owner hopes to make the expansion off the existing post footings without disturbing the land. Commissioner Collins asked how much of a slope there is to the lake. Ms. Wittman said the slope is significant. Applicant Jim Cassell stated there were couple things that weren’t accurate in the staff description. He can’t build out toward the lake because there is a two-level retaining wall made out of boulders. An extra footing will be needed on the corner but it will be well back from the retaining wall. They are just decorative rocks under the deck. He explained why the deck is not useable now due to the outswing of the door and needing a pathway to the stairs. This is the best design possible. He is just squaring it off, not exceeding the existing stairs. He referred to letters of support received from neighbors. The slope is very steep. The deck boards are starting to rot and he has never used this deck, so in making the repairs, he thought maybe there is an opportunity to make it more useable. Vice Chairman Hansen opened the public hearing. Planning Commission May 10, 2017 Page 10 of 13 Todd Remely, 3654 Tending Green, president of Liberty on the Lake Home Owners Association, spoke in support of the request. The HOA’s architectural review committee concluded that the project would not be visible from the street or the lake path, nor negatively impact the neighborhood. He suggested that the commission could find that practical difficulties exist, justifying the variance. He said the property is unique given the steep slope to the backyard and the retaining wall. Vice Chairman Hansen closed the public hearing. Commissioner Collins commented that the Commission must acknowledge the fact that the landowner has not created the circumstances unique to the property. He feels the slope in the backyard establishes practical difficulty. Vice Chairman Hansen agreed that the topography of the lot can be seen as uniqueness and the request is reasonable. Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve Case No. 2017-13, variance to the side yard setback for deck expansion for the property located at 635 Newman Trail, with the four conditions recommended by staff. Motion passed, 6-0. Case No. 2017-14: Preliminary plat for an eight single family home subdivision for the property located at 1902 William Street North. Sterling Black, Fairway Development, LLC, property owner. City Planner Wittman stated that the applicant has requested this item be tabled. NEW BUSINESS Commission Size Councilmember Menikheim updated the Commission on the City Council’s decision to reduce the size of the Planning Commission. The second reading of the ordinance will take place at the next City Council meeting. He explained that there was a 4-1 vote, with himself voting nay. What is supposed to take place is that term limits have been eliminated for all the commissions. The only Council Liaison who will vote is the Council Liaison to the Planning Commission; none of the Council Liaisons to the other commissions will vote. The Planning Commission will be reduced to six members plus the Council Liaison. Two commissioners were up for reappointment but now there is only room for one reappointment. He went on to state that when the Council had a first reading, things changed and there’s been some feedback to the contrary and he doesn’t know what’s going to happen at the second reading. He will continue to say he thinks this is an ill-advised move. At the last meeting he asked to be removed from the Planning Commission if the Council Liaison will be a voting member because he doesn’t believe in that. He stated that his Council colleagues refused to address the issue. If forced to stay on the Planning Commission, he will deal with the issue in his own way. City Planner Wittman stated that Commissioners Hade and Fletcher are the two commissioners who are up for reappointment. Commissioner Fletcher asked if they should both assume they are equal candidates for reappointment until the Council passes the second reading of the ordinance. Ms. Wittman stated that is correct. Her understanding is that Chairman Kocon and Councilmember Menikheim will interview the two eligible candidates. Planning Commission May 10, 2017 Page 11 of 13 Commissioner Hade asked what is the impetus behind shrinking the commission? Councilmember Menikheim replied he has no idea. It started as casual conversation and became more formal over a couple of months. It got to the point where it became one of the agenda items and the Council took a vote. He asked what is broken and he got no answer. He stated that the best he could get out of it was the need for consistency. He said he asked what is inconsistent and didn’t get an answer. Commissioner Hade remarked that it seems contrary to the idea of having citizens participate in government. It’s like the City Council saying, we don’t need you. City Planner Wittman acknowledged that the slimming of the commission from nine (which it was a couple years ago) to seven occurred when Gim Middleton left the Commission. The Council started talking about slimming down to seven to have greater dialogue with a reduced number of members. Commissioner Collins asked why is the Planning Commission the only commission where the Council Liaison would be a voting member? Councilmember Menikheim responded he does not know why the Planning Commission was chosen. City Planner Wittman stated that at one point the Councilmember was a voting member of the Planning Commission. She offered to check with the City Clerk who can pull together a timeline for the Commission. Vice Chairman Hansen said he is confused about why term limits have been removed. If the Planning Commission is the only body where there’s a City Councilmember voting, it’s already inconsistent with the other commissions. Councilmember Menikheim said he could offer no insight. The best explanation he received for the elimination of term limits is that the Council did not enforce them so therefore, should take them away. It falls out of the realm of his common sense. Commissioner Siess commented she has have found that if you go before the Council and talk to them it’s a very powerful thing but she feels that emails don’t work - you have to be there. Vice Chairman Hansen said that he was there for the first initial discussion and he couldn’t make sense of what was being discussed. The sense that he got was that in order to have a reason to educate themselves and read the packets, they feel like they should have voting power in order to motivate them to be informed about the cases. He heard no other reasonable explanation for it. Councilmember Menikheim replied maybe when the Council has the second reading, he will bring that up. In his opinion he doesn’t think the Council wants to talk about it anymore. Chairman Kocon noted that he had gotten here late (9:50 p.m.). He asked for clarification on what Councilmember Menikheim had to say, as he was curious as to how he clarified his role. Councilmember Menikheim replied when the second reading goes, he will share that. He is still working on it. ELECTION OF OFFICERS City Planner Wittman said that, given how the composition of the Commission will change, they do not need to have election of officers right now. She stated she can go on record as saying Chairman Kocon and Vice Chairman Hansen have indicated they would like to step down. Commissioners Siess and Collins and Lauer have all said they would be interested in serving on the Commission. If the Planning Commission May 10, 2017 Page 12 of 13 Commission would like to wait for elections, she doesn’t know how much longer they will have a vice chair who would serve as chair in the absence of the chairman. Chairman Kocon said he has been frustrated that he got back to town last month just in time for adjournment and that this is the earliest he could come tonight. He realizes it puts the onus on Vice Chairman Hansen although obviously he does a great job. He does not have a conflict next month so elections could be held next month if the Commission wishes. He has been chair for four years, been a Commissioner for about eight and a half years, and when his term expires next year he intends for his time on the Commission to expire. That’s been his intention all along. Vice Chairman Hansen noted it seems that probably nothing will change, except that if there’s a decision by the Council to move forward, at what point will the Commission lose one of the members? Ms. Wittman replied that she understands the Council will hold the second reading of the ordinance next week and then do appointments to the Commission as well. So in terms of waiting another month, the only difference would be that in another month it may be more likely that a second reading would have occurred. There would be six voting members and a voting Council Liaison, and Commissioner Fletcher or Commissioner Hade would not be reappointed. She has not heard from Commissioners Fletcher or Hade about their interest in serving in a chair or vice chair role. Commissioner Hade stated that he sent a letter saying that if it was down to the two of them, he feels Commissioner Fletcher would be a better asset for the Commission, given her background. The City already has an attorney, there’s an attorney on the Council there’s plenty of legal around but her background makes her an asset to the commission. Commissioner Fletcher acknowledged that Commissioner Hade is an equally important, valued participant. She is hopeful that the second reading will produce a different outcome, so it would be wise to wait to do elections. She thinks there are other candidates and she has the least seniority on the Commission so she is not going to throw her hat in the ring. City Planner Wittman reiterated that it’s just a matter of whether or not the rest of the Commission would like to wait to hold election of officers until after the determination of what happens at the second reading of the ordinance. Chairman Kocon questioned what’s the sense in waiting. Commissioner Siess said she would like to wait to hold an election because it makes more sense. Commissioner Hade agreed that waiting makes good sense. Commissioner Lauer acknowledged that waiting makes the most sense but probably doesn’t change the outcome. Vice Chairman Hansen stated he is completely indifferent as to waiting for elections. He suggested a straw vote as to who wants to wait. He asked the Commissioners to raise their hand if they want to wait until next month for elections. Motion by Commissioner Fletcher, seconded by Commissioner Siess, to table election of officers until next month. Motion passed 4-2 with Collins and Kocon voting nay and Hansen abstaining. STAFF UPDATES There were no staff updates. Planning Commission May 10, 2017 Page 13 of 13 ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Collins, to adjourn the meeting at 10:15 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary